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Category:CORRESPONDENCE-LETTERS
MONTHYEARML20217F8231999-10-13013 October 1999 Informs That on 990930,NRC Completed mid-cycle PPR of Catawba Nuclear Station.Based on Review,Nrc Did Not Identify Any New Areas That Warranted More than Core Insp Program Over Next Five Months.Historical Listing of Issues,Encl ML20217H0041999-10-13013 October 1999 Forwards MOR for Sept 1999 & Revised MOR for Aug 1999 for Catawba Nuclear Station,Units 1 & 2 ML20217F1301999-10-0707 October 1999 Forwards Rev 1 to Request for Relief 99-03 from Requirements of ASME B&PV Code,In Order to Seek Relief from Performing Individual Valve Testing for Certain Valves in DG Starting (Vg) Sys ML20212J3011999-10-0101 October 1999 Forwards Exemption from Certain Requirements of 10CFR54.17(c) Re Schedule for Submitting Application for Operating License Renewal.Se Also Encl ML20217K2651999-10-0101 October 1999 Forwards Retake Exams Repts 50-413/99-302 & 50-414/99-302 on 990921-23.Two of Three ROs & One SRO Who Received Administrative Section of Exam Passed Retake Exam, Representing 75 Percent Pass Rate 05000414/LER-1999-004, Forwards LER 99-004-01,providing Correction to Info Previously Provided in Rev 0 of Rept.Planned Corrective Actions Contain Commitments1999-09-27027 September 1999 Forwards LER 99-004-01,providing Correction to Info Previously Provided in Rev 0 of Rept.Planned Corrective Actions Contain Commitments 05000413/LER-1999-015, Forwards LER 99-015-00 Re Inoperability of Auxiliary Bldg Ventilation Sys That Exceeded TS Limits Due to Improperly Positioned Vortex Damper.Commitments Are Contained in Corrective Actions Section of Encl Rept1999-09-27027 September 1999 Forwards LER 99-015-00 Re Inoperability of Auxiliary Bldg Ventilation Sys That Exceeded TS Limits Due to Improperly Positioned Vortex Damper.Commitments Are Contained in Corrective Actions Section of Encl Rept ML20217A7911999-09-24024 September 1999 Forwards Insp Repts 50-413/99-05 & 50-414/99-05 on 990718- 0828 at Catawba Facility.Nine NCVs Identified Involving Inadequate Corrective Actions Associated with Degraded Svc Water Supply Piping to Auxiliary Feedwater Sys ML20212E6471999-09-24024 September 1999 Discusses GL 98-01 Issued by NRC on 980511 & DPC Responses for Catawba NPP & 990615.Informs That NRC Reviewed Response for Catawba & Concluded That All Requested Info Provided.Considers GL 98-01 to Be Closed for Catawba ML20212F0941999-09-21021 September 1999 Discusses Closeout of GL 97-06, Degradation of Steam Generator Internals for Cns,Units 1 & 2 ML20212M2001999-09-20020 September 1999 Confirms 990913 Telcon Between M Purser & R Carroll Re Management Meeting to Be Conducted on 991026 in Atlanta,Ga to Discuss Operator Licensing Issues 05000414/LER-1999-005, Forwards LER 99-005-00 Re Missed EDG TS Surveillance Concerning Verification of Availability of Offsite Power Sources Resulted from Defective Procedure.Planned Corrective Actions Stated in Rept Represent Regulatory Commitments1999-09-20020 September 1999 Forwards LER 99-005-00 Re Missed EDG TS Surveillance Concerning Verification of Availability of Offsite Power Sources Resulted from Defective Procedure.Planned Corrective Actions Stated in Rept Represent Regulatory Commitments ML20212D5321999-09-15015 September 1999 Informs That Duke Energy Corp Agrees to Restrict Max Fuel Rod Average Burnup to 60,000 Mwd/Mtu,In Order to Support NRC Final Approval & Issuance of Requested Amend ML20212B4641999-09-14014 September 1999 Forwards Monthly Operating Repts for Aug 1999 & Revised Monthly Operating Rept for Catawba Nuclear Station,Units 1 & 2 ML20212A4131999-09-14014 September 1999 Informs That TR DPC-NE-2009P Submitted in 990817 Affidavit, Marked Proprietary,Will Be Withheld from Public Disclosure, Pursuant to 10CFR2.709(b) & Section 103(b) of Atomic Energy Act of 1954,as Amended ML20212M1931999-09-13013 September 1999 Refers to 990909 Meeting Conducted at Region II Office Re Presentation of Licensee self-assessment of Catawba Nuclear Station Performance.List of Attendees & Licensee Presentation Handout Encl ML20212A3751999-09-10010 September 1999 Informs That Postponing Implementation of New Conditions Improved by RG 1.147,rev 12,acceptable Since Evaluation on Relief Based on Implementation Code Case for Duration of Insp Interval ML20212A5191999-09-0808 September 1999 Requests NRC Approval for Relief from Requirements of ASME Boiler & Pressure Vessel Code,Section XI,1989 Edition,App VI,VI-2430(c) & 2440(b).Approval of 99-GO-002 Is Requested by 000301 05000413/LER-1999-014, Forwards LER 99-014-00, Missed Surveillance & Operation Prohibited by TS Occurred as Result of Defective Procedures or Program & Inappropriate TS Requirements. Planned Corrective Action Stated in Rept Represents Commitment1999-09-0101 September 1999 Forwards LER 99-014-00, Missed Surveillance & Operation Prohibited by TS Occurred as Result of Defective Procedures or Program & Inappropriate TS Requirements. Planned Corrective Action Stated in Rept Represents Commitment 05000414/LER-1999-003, Forwards LER 99-003-01, Unplanned Actuation of ESFAS Due to a SG High Level Caused by Inadequate Procedural Guidance. Suppl Rept Provides Info Re Root Cause & Corrective Actions Associated with Event Developed Subsequent to Rev1999-08-31031 August 1999 Forwards LER 99-003-01, Unplanned Actuation of ESFAS Due to a SG High Level Caused by Inadequate Procedural Guidance. Suppl Rept Provides Info Re Root Cause & Corrective Actions Associated with Event Developed Subsequent to Rev 0 of LER ML20211H1741999-08-30030 August 1999 Forwards Comments on Catawba Nuclear Station Units 1 & 2 & McGuire Nuclear Station,Units 1 & 2 Specific Reactor Vessel Info Contained in Rvid.Ltr Dtd 990107,rept ATI-98-012-T005 & Partial marked-up Rept WCAP-14995 Encl ML20211M4451999-08-30030 August 1999 Forwards Summary of Util Conclusions Re Outstanding Compliance Issue Re Staff Interpretation of TS SR 3.0.1,per Insp Repts 50-369/99-03 & 50-370/99-03,as Discussed with NRC During 990618 Meeting 05000413/LER-1999-013, Forwards LER 99-013-00,re RHR Heat Exchanger Bypass Valves Not Verified Per TS Surveillance.Surveillance Procedures Have Been Revised & There Are No Further Planned Corrective Actions or Commitments in LER1999-08-25025 August 1999 Forwards LER 99-013-00,re RHR Heat Exchanger Bypass Valves Not Verified Per TS Surveillance.Surveillance Procedures Have Been Revised & There Are No Further Planned Corrective Actions or Commitments in LER ML20211M8191999-08-25025 August 1999 Confirms 990825 Telcon Between G Gilbert & R Carroll Re Mgt Meeting to Be Held on 990909 in Atlanta,Ga,To Allow Licensee to Present self-assessment of Catawba Nuclear Station Performance ML20211A9641999-08-20020 August 1999 Forwards SE Authorizing Licensee 990118 Request for Approval of Proposed Relief from Volumetric Exam Requirements of ASME B&PV Code,Section XI for Plant,Units 2 ML20211C1191999-08-18018 August 1999 Forwards ISI Rept Unit 1 Catawba 1999 RFO 11, Providing Results of ISI Effort Associated with End of Cycle 11 ML20211B9471999-08-18018 August 1999 Forwards Request for Relief 99-02,associated with Limited Exam Results for Welds Which Were Inspected During Unit 1 End of Cycle 11 RFO ML20211C3651999-08-17017 August 1999 Forwards Rev 25 to Catawba Nuclear Station Units 1 & 2 Pump & Valve Inservice Testing Program, Which Includes Reformatting of Manual & Addl Changes as Noted in Attached Summary of Changes ML20211F2971999-08-17017 August 1999 Forwards non-proprietary & Proprietary Updated Pages for DPC-NE-2009,submitted 980722.Pages Modify Fuel Design & thermal-hydraulic Analysis Sections of DPC-NE-2009. Proprietary Page 2-4 Withheld,Per 10CFR2.790 05000413/LER-1999-011, Forwards LER 99-011-00,re Missed Surveillance on Both Trains of CR Area Ventilation Sys Resulting in TS Violation.Planned Corrective Actions Stated in LER Represent Regulatory Commitment1999-08-16016 August 1999 Forwards LER 99-011-00,re Missed Surveillance on Both Trains of CR Area Ventilation Sys Resulting in TS Violation.Planned Corrective Actions Stated in LER Represent Regulatory Commitment ML20211B1121999-08-16016 August 1999 Forwards Topical Rept DPC-NE-2012, Dynamic Rod Worth Measurement Using Casmo/Simulate, Describing Results of Six Drwm Benchmark Cycles at Catawba & McGuire & Discusses Qualification to Use Drwm at Catawba & McGuire ML20210V0321999-08-13013 August 1999 Forwards Insp Repts 50-413/99-04 & 50-414/99-04 on 990606- 0717.Six Violations of NRC Requirements Identified & Being Treated as non-cited Violations,Consistent with App C of Enforcement Policy ML20210S2751999-08-12012 August 1999 Forwards Monthly Operating Repts for July 1999 for Catawba Nuclear Station,Units 1 & 2.Revised Rept for June 1999,encl ML20210Q3751999-08-0505 August 1999 Informs That NRC Plans to Administer Gfes of Written Operator Licensing Exam on 991006.Authorized Representative of Facility Must Submit Ltr as Listed,Thirty Days Before Exam Date,In Order to Register Individuals for Exam ML20210N9521999-08-0404 August 1999 Forwards Changes to Catawba Nuclear Station Selected Licensee Commitments Manual.Documents Constitutes Chapter 16 of Ufsar.With List of Effective Pages IR 05000413/19980131999-08-0202 August 1999 Discusses Integrated Insp Repts 50-413/98-13,50-414/98-13, 50-413/98-16,50-414/98-16 & NRC Special Repts 50/413/99-11 & 50-414/99-11 Conducted Between Aug 1998 & May 1999.Six Violations Occurred,Based on OI Investigation & Insp ML20210M6411999-07-29029 July 1999 Forwards Request for Relief 99-03 from Requirements of ASME Boiler & Pressure Vessel Code,In Order to Seek Relief from Performing Individual Valve Testing for Certain Valves in DG Starting Air (Vg) Sys 05000413/LER-1999-010, Forwards LER 99-010-01 Which Replaces LER 99-002.Rept Number Has Been Changed in Order to Conform to Numbering Convention Specified in NUREG-1022,since Primary Event Involved Both Units1999-07-22022 July 1999 Forwards LER 99-010-01 Which Replaces LER 99-002.Rept Number Has Been Changed in Order to Conform to Numbering Convention Specified in NUREG-1022,since Primary Event Involved Both Units IR 05000413/19990101999-07-22022 July 1999 Discusses Insp Rept 50-413/99-10 & 50-414/99-10 on 990314- 0424 & Forwards Notice of Violation Re Failure to Comply with TS 3.7.13,when Misalignment of Two Electrical Breakers Rendered SSS Inoperable from 981216-29 ML20217G5241999-07-20020 July 1999 Forwards Exam Repts 50-413/99-301 & 50-414/99-301 on 990524- 27,0603,07-10 & 16.Of Fourteen SRO & RO Applicants Who Received Written Exams & Operating Tests,Eight Applicants Passed & Six Failed Exam 05000413/LER-1999-009, Forwards LER 99-009-00,re Inoperability of Containment Valve Injection Water Sys Valve in Excess of TS Limits.Root Cause & Corrective Actions Associated with Event Are Being Finalized & Will Be Provided in Supplement to Rept1999-07-19019 July 1999 Forwards LER 99-009-00,re Inoperability of Containment Valve Injection Water Sys Valve in Excess of TS Limits.Root Cause & Corrective Actions Associated with Event Are Being Finalized & Will Be Provided in Supplement to Rept 05000414/LER-1999-001, Forwards LER 99-001-01 Re Unanalyzed Condition Associated with Relay Failure in Auxiliary Feedwater Sys,Due to Inadequate Single Failure Analysis.Rev Is Being Submitted to Include Results of Failure Analysis Which Was Performed1999-07-15015 July 1999 Forwards LER 99-001-01 Re Unanalyzed Condition Associated with Relay Failure in Auxiliary Feedwater Sys,Due to Inadequate Single Failure Analysis.Rev Is Being Submitted to Include Results of Failure Analysis Which Was Performed ML20209H4431999-07-14014 July 1999 Forwards Monthly Operating Repts for June 1999 for Catawba Nuclear Station,Units 1 & 2.Revised Rept for May 1999 on Unit Shutdowns Also Encl ML20210A5771999-07-14014 July 1999 Forwards Revsied Catawba Nuclear Station Selected Licensee Commitments Manual, Per 10CFR50.71(e),changing Sections 16.7-5,16.8-5,16.9-1,16.9-3,16.9-5 & 16.11-7.Manual Constitute Chapter 16 of UFSAR ML20216D3941999-07-14014 July 1999 Forwards Revs to Catawba Nuclear Station Selected Licensee Commitments Manual NUREG-1431, Forwards SER Agreeing with Util General Interpretation of TS LCO 3.0.6,but Finds No Technical Basis or Guidance That Snubbers Could Be Treated as Exception to General Interpretation1999-07-0909 July 1999 Forwards SER Agreeing with Util General Interpretation of TS LCO 3.0.6,but Finds No Technical Basis or Guidance That Snubbers Could Be Treated as Exception to General Interpretation ML20196L0371999-07-0808 July 1999 Approves Requested Schedule Change of Current two-year Requalification Examinations to non-outage dates.Two-year Cycle Will Start on 991001 & Will End on 020930 05000413/LER-1999-008, Forwards LER 99-008-00,re Operation Prohibited by TS 3.5.2. Rev to LER Will Be Submitted by 990812 Which Will Include All Required Info About Ventilation Sys Pressure Boundry Breach1999-07-0808 July 1999 Forwards LER 99-008-00,re Operation Prohibited by TS 3.5.2. Rev to LER Will Be Submitted by 990812 Which Will Include All Required Info About Ventilation Sys Pressure Boundry Breach ML20196J9001999-07-0606 July 1999 Informs That 990520 Submittal of Rept DPC-NE-3004-PA,Rev 1, Mass & Energy Release & Containment Response Methodology, Marked Proprietary Will Be Withheld Per 10CFR2.790(b)(5) & Section 103(b) of AEA of 1954 IR 05000413/19990031999-07-0101 July 1999 Discusses Insp Repts 50-413/99-03 & 50-414/99-03 Completed on 990605 & Transmitted by Ltr .Results of Delibrations for Violation Re Discovery of Potentially More Limiting Single Failure Affecting SGTS Analysis Provided 1999-09-08
[Table view] Category:NRC TO UTILITY
MONTHYEARML20058J1251990-11-13013 November 1990 Advises That Re Martin Recently Assigned as Project Manager for Facility ML20058F6161990-10-26026 October 1990 Forwards Insp Repts 50-413/90-28 & 50-414/90-28 on 901001-04.Violation Re Corrective Actions Which Appear to Be Ineffective in Preventing Recurrence of Similar Violation Noted.Enforcement Conference Scheduled for 901105 ML20058F0891990-10-22022 October 1990 Confirms 901031-1102 & 12-16 & 26-30 as Dates for Maint Team Insp of Plant Per 901011 Telcon ML20058B4551990-10-17017 October 1990 Forwards Insp Repts 50-413/90-25 & 50-414/90-25 on 900924-28.No Violations or Deviations Noted ML20062B7051990-10-12012 October 1990 Requests Completion of Analysis of Liquid Samples Spiked W/ Radionuclides within 60 Days of Receipt of Ltr ML20062A0951990-10-0303 October 1990 Forwards Insp Repts 50-413/90-24 & 50-414/90-24 on 900803- 0905 & Notice of Violation ML20059L4141990-09-14014 September 1990 Forwards Insp Repts 50-413/90-23 & 50-414/90-23 on 900730-0803.No Violations or Deviations Noted IR 05000413/19900151990-09-0505 September 1990 Ack Receipt of Informing NRC of Steps Taken to Correct Violations Noted in Insp Repts 50-413/90-15 & 50-414/90-15 ML20059L5241990-09-0505 September 1990 Ack Receipt of 900810 Supplemental Response to Violations Noted in Insp Repts 50-413/90-09 & 50-414/90-09 ML20059H0121990-08-31031 August 1990 Forwards Insp Repts 50-413/90-19 & 50-414/90-19 on 900624- 0802 & Notice of Violation.Util Should Detail Measures to Be Taken to Place Addl Emphasis on Compensatory Actions Program ML20059E3121990-08-30030 August 1990 Advises That Util Responses to NRC Bulletin 88-004, Potential Safety-Related Pump Loss, Acceptable.Further NRC Review,If Any,Will Be Performed Either by Insp or Audit ML20059G6171990-08-28028 August 1990 Forwards Insp Repts 50-413/90-20 & 50-414/90-20 on 900724-26.Unresolved Item Identified Re Procedure of Equating self-referral to Employee Assistance Program as First Positive Drug Test ML20056A5571990-08-0202 August 1990 Requests Addl Info Re DPC-NE-2004, Core Thermal-Hydraulic Methodology Using VIPRE-01 for McGuire & Catawba. Requests Response Expeditiously IR 05000413/19900111990-08-0101 August 1990 Ack Receipt of Informing NRC of Steps Taken to Correct Violations Noted in Insp Repts 50-413/90-11 & 50-414/90-11 ML20058P8761990-07-31031 July 1990 Forwards Insp Repts 50-413/90-22 & 50-414/90-22 on 900709-13.No Violations or Deviations Noted ML20055H9131990-07-27027 July 1990 Forwards Safety Evaluation Accepting Actions Taken to Resolve NRC Bulletin 88-002, Rapidly Propagating Fatigue Cracks in Steam Generator Tubes ML20055J2931990-07-23023 July 1990 Forwards Request for Addl Info Re Util 900315 Submittal of General Relief Request for Pumps in Inservice Testing Program.Addl Info Re Certain Areas That Deviate from OM-6, Identified in Encl,Required to Complete NRC Review IR 05000413/19900171990-07-23023 July 1990 Discusses Insp Repts 50-413/90-17 & 50-414/90-17 on 900611- 19 & Forwards Notice of Violation.Insp Included Review of Actions Re 900611 Inadvertent Transfer of Reactor Coolant Water to Refueling Water Storage Tank at Unit 1 ML20056A5071990-07-20020 July 1990 Forwards Insp Repts 50-413/90-15 & 50-414/90-15 on 900527-0623 & Notice of Violation.Violations,Refs Pertinent to Requirements & Elements to Be Included in Response Presented in Encl Notice of Violation ML20055H4191990-07-19019 July 1990 Forwards Insp Repts 50-413/90-21 & 50-414/90-21 on 900627-29.No Violations or Deviations Noted ML20055H4101990-07-18018 July 1990 Forwards Summary of Enforcement Conference on 900712 Re Unit 1 Inadvertent Diversion of Higher Pressure Reactor Coolant Water to Refueling Water Storage Tank on 900611,per Insp Repts 50-413/90-17 & 50-414/90-17.Handouts Also Encl ML20055H5881990-07-13013 July 1990 Forwards Insp Repts 50-413/90-16 & 50-414/90-16 on 900611-15.Violations Noted But Not Cited ML20058M9361990-07-13013 July 1990 Forwards Insp Repts 50-413/90-18 & 50-414/90-18 on 900625-29.No Violations or Deviations Noted ML20055H3601990-07-10010 July 1990 Advises That Reactor Operator & Senior Operator Licensing Exams Scheduled for Wk of 901015.Encl Ref Matls Requested by 900806 ML20055E3711990-07-0909 July 1990 Ack Receipt of Re Payment of Civil Penalties in Amount of $100,000,per NRC ML20055H4411990-07-0202 July 1990 Ack Receipt of 900607 Response to Violations Noted in Insp Repts 50-413/90-09 & 50-414/90-09.Implementation of Corrective Actions Will Be Examined During Future Insp ML20055C9911990-06-27027 June 1990 Confirms Region II Insp of fitness-for-duty Program on 900724-26.Brief Itinerary to Expedite Util Support of Program Encl ML20055C8421990-06-13013 June 1990 Forwards Insp Repts 50-413/90-14 & 50-414/90-14 on 900521-25.No Violations or Deviations Noted ML20059M9241990-06-13013 June 1990 Forwards NRC Performance Indicators for First Quarter 1990. W/O Encl ML20248J3891989-10-16016 October 1989 Forwards Insp Repts 50-413/89-28 & 50-414/89-28 on 890911-15.Violations Noted ML20248D2921989-09-28028 September 1989 Discusses Util Response to Generic Ltr 88-05, Boric Acid Corrosion of Carbon Steel Reactor Boundary Components in PWR Plants ML20248B6881989-09-25025 September 1989 Forwards Insp Repts 50-413/89-25 & 50-414/89-25 on 890801-28 & 0912-15.No Notice of Violation Issued for Violations Identified.Enforcement Conference to Discuss Violations Scheduled for 890928 ML20248B0921989-09-22022 September 1989 Confirms Arrangements for Enforcement Conference on 890928 to Discuss Failure to Take Adequate Corrective Action in Response to Failed Surveillance Test on Unit 2 Turbine Driven Auxiliary Feedwater Pump.Items to Discuss Encl IR 05000413/19890021989-09-20020 September 1989 Ack Receipt of Util Informing NRC of Steps Taken to Correct Violations Noted in Insp Repts 50-413/89-02 & 50-414/89-02 IR 05000413/19890161989-09-20020 September 1989 Ack Receipt of Informing NRC of Steps Taken to Correct Violations Noted in Insp Repts 50-413/89-16 & 50-414/89-16 ML20248B7431989-09-20020 September 1989 Forwards Insp Repts 50-413/89-26 & 50-414/89-26 on 890821-24.No Violations or Deviations Noted.Attention Invited to Unresolved Items Identified IR 05000413/19890091989-09-20020 September 1989 Ack Receipt of Informing NRC of Steps Taken to Correct Violations Noted in Insp Repts 50-413/89-09 & 50-414/89-09.Extension of Reply Due Date to 891010 for Weaknesses Identified in Insp Approved in 890823 Telcon ML20247G7421989-09-12012 September 1989 Forwards Insp Repts 50-413/89-24 & 50-414/89-24 on 890807-11.No Violations or Deviations Noted ML20246J6491989-08-31031 August 1989 Forwards Order Imposing Civil Penalty in Amount of $75,000, Per Violations Noted in Insp Repts 50-413/88-38 & 50-414/88-38 Re Inoperability of Containment Air Return & Hydrogen Skimmer Sys Due to Electrical Wiring Error IR 05000413/19880381989-08-31031 August 1989 Forwards Order Imposing Civil Penalty in Amount of $75,000, Per Violations Noted in Insp Repts 50-413/88-38 & 50-414/88-38 Re Inoperability of Containment Air Return & Hydrogen Skimmer Sys Due to Electrical Wiring Error IR 05000414/19890191989-08-31031 August 1989 Discusses Insp Rept 50-414/89-19 on 890616-28 & Forwards Notice of Violation.Violation Noted:On 890602,upper-range Pressurizer Transmitter Isolation Valves on Reactor Vessel Level Instrumentation Not Opened Prior to Entering Mode 3 ML20247C5541989-08-30030 August 1989 Advises That 890405 Rev 29 to Crisis Mgt Plan Consistent W/Provisions of 10CFR50.47(b) & Requirements of App E & Acceptable ML20246J9191989-08-29029 August 1989 Requests Addl Info Re Direct Generation Response Spectra & Snubber Reduction Program.Response Requested within 30 Days ML20247A1781989-08-29029 August 1989 Forwards Summary of 890720 & 0815 Enforcement Conferences Re Findings in Insp Repts 50-413/89-19 & 50-414/89-19 on Inoperability of Reactor Vessel Level Instrumentation Sys. List of Attendees & Viewgraphs Also Encl ML20246N1671989-08-28028 August 1989 Ack Receipt of Informing NRC of Steps Taken to Correct Violations Noted in Insp Repts 50-413/89-17 & 50-414/89-17 ML20246M5061989-08-22022 August 1989 Forwards Insp Repts 50-413/89-22 & 50-414/89-22 on 890723-28.No Violations Noted IR 05000413/19890141989-08-16016 August 1989 Ack Receipt of Informing NRC of Steps Taken to Correct Violations Noted in Insp Repts 50-413/89-14 & 50-414/89-14 ML20246C7051989-08-14014 August 1989 Forwards Insp Repts 50-413/89-18 & 50-414/89-18 on 890717-21.Violations Noted in Rept But Not Cited ML20245K4051989-08-11011 August 1989 Forwards Insp Repts 50-413/89-20 & 50-414/89-20 on 890717-21.No Violations or Deviations Noted ML20246A7411989-08-0808 August 1989 Ack Receipt of Informing NRC of Steps Taken to Correct Violations Noted in Insp Repts 50-413/89-13 & 50-414/89-13 1990-09-05
[Table view] Category:OUTGOING CORRESPONDENCE
MONTHYEARML20217F8231999-10-13013 October 1999 Informs That on 990930,NRC Completed mid-cycle PPR of Catawba Nuclear Station.Based on Review,Nrc Did Not Identify Any New Areas That Warranted More than Core Insp Program Over Next Five Months.Historical Listing of Issues,Encl ML20217K2651999-10-0101 October 1999 Forwards Retake Exams Repts 50-413/99-302 & 50-414/99-302 on 990921-23.Two of Three ROs & One SRO Who Received Administrative Section of Exam Passed Retake Exam, Representing 75 Percent Pass Rate ML20212J3011999-10-0101 October 1999 Forwards Exemption from Certain Requirements of 10CFR54.17(c) Re Schedule for Submitting Application for Operating License Renewal.Se Also Encl ML20212E6471999-09-24024 September 1999 Discusses GL 98-01 Issued by NRC on 980511 & DPC Responses for Catawba NPP & 990615.Informs That NRC Reviewed Response for Catawba & Concluded That All Requested Info Provided.Considers GL 98-01 to Be Closed for Catawba ML20217A7911999-09-24024 September 1999 Forwards Insp Repts 50-413/99-05 & 50-414/99-05 on 990718- 0828 at Catawba Facility.Nine NCVs Identified Involving Inadequate Corrective Actions Associated with Degraded Svc Water Supply Piping to Auxiliary Feedwater Sys ML20212F0941999-09-21021 September 1999 Discusses Closeout of GL 97-06, Degradation of Steam Generator Internals for Cns,Units 1 & 2 ML20212M2001999-09-20020 September 1999 Confirms 990913 Telcon Between M Purser & R Carroll Re Management Meeting to Be Conducted on 991026 in Atlanta,Ga to Discuss Operator Licensing Issues ML20212A4131999-09-14014 September 1999 Informs That TR DPC-NE-2009P Submitted in 990817 Affidavit, Marked Proprietary,Will Be Withheld from Public Disclosure, Pursuant to 10CFR2.709(b) & Section 103(b) of Atomic Energy Act of 1954,as Amended ML20212M1931999-09-13013 September 1999 Refers to 990909 Meeting Conducted at Region II Office Re Presentation of Licensee self-assessment of Catawba Nuclear Station Performance.List of Attendees & Licensee Presentation Handout Encl ML20212A3751999-09-10010 September 1999 Informs That Postponing Implementation of New Conditions Improved by RG 1.147,rev 12,acceptable Since Evaluation on Relief Based on Implementation Code Case for Duration of Insp Interval ML20211M8191999-08-25025 August 1999 Confirms 990825 Telcon Between G Gilbert & R Carroll Re Mgt Meeting to Be Held on 990909 in Atlanta,Ga,To Allow Licensee to Present self-assessment of Catawba Nuclear Station Performance ML20211A9641999-08-20020 August 1999 Forwards SE Authorizing Licensee 990118 Request for Approval of Proposed Relief from Volumetric Exam Requirements of ASME B&PV Code,Section XI for Plant,Units 2 ML20210V0321999-08-13013 August 1999 Forwards Insp Repts 50-413/99-04 & 50-414/99-04 on 990606- 0717.Six Violations of NRC Requirements Identified & Being Treated as non-cited Violations,Consistent with App C of Enforcement Policy ML20210Q3751999-08-0505 August 1999 Informs That NRC Plans to Administer Gfes of Written Operator Licensing Exam on 991006.Authorized Representative of Facility Must Submit Ltr as Listed,Thirty Days Before Exam Date,In Order to Register Individuals for Exam IR 05000413/19980131999-08-0202 August 1999 Discusses Integrated Insp Repts 50-413/98-13,50-414/98-13, 50-413/98-16,50-414/98-16 & NRC Special Repts 50/413/99-11 & 50-414/99-11 Conducted Between Aug 1998 & May 1999.Six Violations Occurred,Based on OI Investigation & Insp IR 05000413/19990101999-07-22022 July 1999 Discusses Insp Rept 50-413/99-10 & 50-414/99-10 on 990314- 0424 & Forwards Notice of Violation Re Failure to Comply with TS 3.7.13,when Misalignment of Two Electrical Breakers Rendered SSS Inoperable from 981216-29 ML20217G5241999-07-20020 July 1999 Forwards Exam Repts 50-413/99-301 & 50-414/99-301 on 990524- 27,0603,07-10 & 16.Of Fourteen SRO & RO Applicants Who Received Written Exams & Operating Tests,Eight Applicants Passed & Six Failed Exam NUREG-1431, Forwards SER Agreeing with Util General Interpretation of TS LCO 3.0.6,but Finds No Technical Basis or Guidance That Snubbers Could Be Treated as Exception to General Interpretation1999-07-0909 July 1999 Forwards SER Agreeing with Util General Interpretation of TS LCO 3.0.6,but Finds No Technical Basis or Guidance That Snubbers Could Be Treated as Exception to General Interpretation ML20196L0371999-07-0808 July 1999 Approves Requested Schedule Change of Current two-year Requalification Examinations to non-outage dates.Two-year Cycle Will Start on 991001 & Will End on 020930 ML20196J9001999-07-0606 July 1999 Informs That 990520 Submittal of Rept DPC-NE-3004-PA,Rev 1, Mass & Energy Release & Containment Response Methodology, Marked Proprietary Will Be Withheld Per 10CFR2.790(b)(5) & Section 103(b) of AEA of 1954 IR 05000413/19990031999-07-0101 July 1999 Discusses Insp Repts 50-413/99-03 & 50-414/99-03 Completed on 990605 & Transmitted by Ltr .Results of Delibrations for Violation Re Discovery of Potentially More Limiting Single Failure Affecting SGTS Analysis Provided ML20209E2701999-07-0101 July 1999 Forwards Insp Repts 50-413/99-03 & 50-414/99-03 on 990425- 0605.Six Violations of NRC Requirements Occurred & Being Treated as non-cited Violations Consistent with App C of Enforcement Policy ML20209E3931999-06-28028 June 1999 Informs of 990618 Meeting Conducted at Facility to Present Results of Most Recent Periodic Plant Performance Review for Plant.List of Attendees Encl ML20196G8861999-06-24024 June 1999 Discusses GL 92-01,Rev 1,Suppl 1, Reactor Vessel Structrual Integrity 950816 & 960729 Responses.Rvid,Version 2 Released as Result of Review.Rvid Should Be Reviewed & Comments Should Be Received by 990901 If Not Acceptable for Plant ML20196G6541999-06-17017 June 1999 Confirms 990614 Telephone Conversation Re Rescheduling of Two Predecisional Enforcement Conferences Originally Scheduled for 990623.SSS Conference Rescheduled for 990712 & Ice Condenser Conference Rescheduled for 990720 ML20196A5781999-06-14014 June 1999 Discusses Notice of Enforcement Discretion for Duke Energy Corp Re Catawba Nuclear Station Unit 1 TSs 3.5.2 & 3.7.12 ML20195E9171999-06-0303 June 1999 Confirms Conversation with Bradshaw on 990526 Re Rescheduling 990607 Predecisional Enforcement Conference to Discuss Apparent Violation in Insp Repts 50-413/99-10 & 50-414/99-10.Conference Will Be on 990623 in Atlanta,Ga ML20195F4141999-06-0202 June 1999 Forwards Insp Repts 50-413/99-11 & 50-414/99-11 on 990422-23 & 0503.Apparent Violation Identified & Being Considered for Escalated Enforcement Action.Violation Involved Failure to Maintain Unit 1 Ice Condenser Lower Inlet Door Operable ML20207D0671999-05-20020 May 1999 Informs That During Meeting on 990512,arrangements Modified for Administration of Licensing Exams at Catawba Nuclear Station During Weeks of 990524 & 0607,respectively ML20207C8721999-05-20020 May 1999 Forwards Insp Repts 50-413/99-02 & 50-414/99-02 on 990314-0424.Three Violations Occurred & Being Treated as non-cited Violations.Activities Generally Characterized by Safety Conscious Operations & Sound Engineering & Maint ML20207C8061999-05-19019 May 1999 Confirms 990510 Telcon with R Jones Re Predecisional Enforcement Conference Requested by NRC & Scheduled for 990607 in Atlanta,Ga to Discuss Apparent Violation Associated with Potential Inoperability of SSS ML20207C7761999-05-19019 May 1999 Informs That on 990618,NRC Will Meet with Mgt of Duke Energy Corp to Discuss Performance of Catawba Facility & Extends Invitation to Attend Meeting as Observer ML20206P4911999-05-14014 May 1999 Forwards Safety Evaluation Accepting GL 96-05, Periodic Verification of Design-Basis Capability of Safety-Related Motor-Operated Valves ML20206M4201999-05-11011 May 1999 Informs That NRC Ofc of Nuclear Regulation (NRR) Reorganized Effective 990328.As Part of Reorganization,Div of Licensing Project Mgt (DLPM) Created.Reorganization Chart Encl ML20206U4091999-05-10010 May 1999 Forwards Insp Repts 50-413/99-10 & 50-414/99-10 on 990314-0424.One Violation Occurred & Being Considered for Escalated Enforcement Action Involving Inoperability of Standby Shutdown Sys from 981216-29 ML20206N4191999-05-0606 May 1999 Informs That Team Will Inspect Dam at Standby Nuclear Service Water Pond on 990609.Purpose of Insp Will Be to Confirm That Structure Conforms with Design Documents & Capability of Performing Design Functions ML20205S5491999-04-21021 April 1999 Forwards SE Discussing DPC Response to GL 96-06, Assurance of Equipment Operability & Containment Integrity During Design Basis Accident Conditions. Response Acceptable ML20206B7941999-04-16016 April 1999 Confirms 990331 Telcon Between M Purser of Util & R Franovich of NRC Re Public Meeting Scheduled for 990618 in York,Sc to Discuss Results of NRC Recent Plant Performance Review for Catawba Nuclear Station ML20205N3471999-04-12012 April 1999 Forwards Safety Evaluation & Eri/Nrc 95-506, Technical Evaluation Rept on Submittal Only Review of IPE of External Events at Catawba Nuclear Station,Units 1 & 2 ML20205T3491999-04-0909 April 1999 Informs That on 990317,T Beedle & Ho Christensen Confirmed Initial Operator Licensing Exam Schedule for Catawba Nuclear Station for Y2K.No Y2K Exam Scheduled.Initial Exam Requested for Apr 2001 for Approx 18 Candidates ML20205N0531999-04-0606 April 1999 Forwards Insp Repts 50-413/99-01 & 50-414/99-01 on 990124-0313.DPC Conduct of Activities at Catawba Facility Generally Characterized by Safety Conscious Operations & Sound Engineering.Five Violations Noted & Treated as NCVs ML20196K9961999-03-30030 March 1999 Forwards Synopsis of NRC OI Completed Rept Re Alleged Compromise of Initial Licensed Operator Exam at Cns.Oi Did Not Substantiate Allegation That Initial Operator Exam Compromised.Plans No Further Action Re Matter ML20205M2651999-03-25025 March 1999 Discusses PPR Completed 990201.Advises of Planned Insp Effort Resulting from Catawba PPR Review.Forwards Plant Issues Matrix & Insp Plan ML20207L7741999-03-15015 March 1999 Requests That NRC Exercise Discretion Not to Enforce Compliance with Actions Required by Plant,Units 1 & 2 Re TS Limiting Conditions for Operation 3.3.7 & 3.3.8 ML20207M9091999-03-0505 March 1999 Informs That Info Submitted by Application, Marked as Proprietary Will Be Withheld from Public Disclosure Per 10CFR2.790(b)(5) & Section 103(b) of AEA of 1954,as Amended ML20207A5821999-02-17017 February 1999 Forwards Insp Repts 50-413/98-12 & 50-414/98-12 & Notice of Violation.One Violation Being Considered for Escalated Enforcement Action ML20203G5161999-02-0505 February 1999 Informs That NRC Plans to Administer Generic Fundamentals Exam Section of Written Operator Licensing Exam on 990407. Representative of Facility Must Submit Either Ltr Indicating No Candidates or Listing of Candidates for Exam ML20203A2421999-02-0505 February 1999 Forwards SE Accepting Proposal to Revise Methodology in TR DPC-NE-3002-A,to Permit Use of single-node Model,Instead of multi-node Model,To Represent SG Secondary Sys for post-trip Phase of Loss of Normal Feedwater Analysis for Plant,Unit 2 ML20202J4751999-01-29029 January 1999 Responds to Concern Raised on 981020 Re Appropriateness of Interaction of NRC Headquarters Operations Officer with on-shift Operations Staff During Event ML20202C2511999-01-27027 January 1999 Forwards Request for Addl Info Re Util 980331 Response to GL 96-05, Periodic Verification of Design-Basis Capability of Safety-Related Movs, for Catawba Nuclear Station. Response Requested within 60 Days of Date of Ltr 1999-09-24
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fh0[(9 o UNITED STATES .
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NUCLEAR' REGULATORY COMMISSION
. O p WASHINGTON, D. C. 20555
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DEC26 Y Docket No. 50-413/50-414 Mr. Albert V. Carr, Jr.
Duke Power Company Legal Department P.O. Box 33189 IN RESPONSE REFER Charlotte, NC 28242 TO F01A-85-584
Dear Mr. Carr:
- This is the third partial response to your letter dated August 19, 1985, in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of all records related to and underlying Enforcement Action No. EA-84-93 regarding the Catawba Nuclear Station.
The documents identified on the enclosed Appendix H are already available for public inspection and copying in the NRC Public Document Room (PDR). The PDR accession number is noted next to the description of'each document. Additional records related to your request have been identified in NRC's response to a previous FOIA request. This response is maintainPd in the PDR in folder F01A-84-722 under the name of Bell. You may obtain copies of those records by referring to the above F0IA folder. -
The four documents identified on the enclosed Appendix ! and certain documents identified on the enclosed Appendix K are being~ placed in the PDR in Washington, DC, and at the NRC Logal Public Docupent %om in South Carolina.
The documents identified on the enclosed Appendices J,h M, and certain documents on Appendix K, are being withheld. The applicable FOIA exemptions are noted on the Appendices.
The information withheld pursuant to Exemption (5) consists of advice, opinions and recommendations of the s&aff. Disclosure would inhibit the frank and candid exchange of communications in future deliberations and thus would not be in the public interest. This predecisional information is being withheld pursuant to Exemption (5) of the F0IA (5 U.S.C. 552(b)(5))
and 10 CFR 9.5(a)(5) of the Commission's regulations. There are no reasonably segregable factual portions.
Information withheld pursuant to Exemption (7)'(A) consists of an investigatory record compiled for law enforcement purposes which is being withheld from disclosure pursuant to Exemption (7)(A) of the F0IA (5 U.S.C. 552(b)(7)(A)public ) and 10 CFR 9.5(a)(7)(1) of the Commission's regulations because disclosure of the information would interfere with an enforcement procdeding.
s B603040195 851226 PDR FOIA CARR85-504 PDR ,
( .
- 4 Mr'. Albert V Carr, Jr. .
Pursuant to 10 CFR 9.9 of the NRC's regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The persons responsible for the denial of all of the documents identified on Appendices J L and M and certain documents identified on Appendix K are the undersigned and Mr. James M. Taylor, Director, Office of Inspection and Enforcement. The persons responsible for denial of documents identified on Appendix K are the undersigned and Dr. J. Nelson Grace, Regional Administator, Region II, as noted on Appendix K.
This denial may be appealed to the NRC's Executive Director for Operations within 30 days from the receipt of this letter. As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Operations, U.S. Nuclear Regulat)ry Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."
We will communicate with you further regarding additional records related to your F0IA request.
Sincerely, n
._ b i
Donnie H. Grimsley, Director Division of Rules and Records Office of Administration
Enclosures:
As stated
- Re: F01A-85-584 (Third Response)
APPENDIX H RECORDS ALREADY AVAILABLE IN PDR
- 1. 04/29/83 Memorandum for James J. Cumings from Ben B. Hayes, (1 page)
PDR # 8410190382
- 2. 09/14/83 Government Accountability Project Petition to Comission with attachments including Du'e Power Company's Construction Project Evaluation for Catawba nuclear Station Units 1/2, September 27-October 14, 1982. (523 pages) PDR # 8309190025
- 3. 09/14/83 Ltr to the Comission from Garde (50 pages) PDR # 8410190388
~4. 09/16/83 Memorandum for Sandra Showman from Edwin G. Triner, w/ miscellaneous documents. (7 pages) PDR # 8504150615
- 5. 10/14/83 Ltr to Garde from DeYoung, w/ enclosure (3 pages)
PDR # 8310240245
- 6. 10/21/83 Memo for the Comission from Messenger (23 p' ages)
PDR # 8508120315
- 7. 11/01/83 Ltr to Palladino from Udall (2 pages) PDR # 8401100133
- 8. 11/01/83 Ltr to Garde from DeYoung (3 pages) POR # 8311100365
- 9. 05/22/84 Memo from Messenger to Palladino and Comissioners, subject:
Catawba Nuclear Power Station--Review of NRC Handling of Allegations (3 pages) PDR # 8410190376
- 10. 05/22/84 Report of Investigation, title: " Catawba Nuclear Power Station--
Review of NRC Handling of Allegations" (14 pages)
PDR # 8410190379
- 11. 06/22/84 Partial Initial Decision, ASLBP-81-463-06 OL (284 pages)
PDR # 8407030223
- 12. 06/27/84 Ltr from Guild to DeYoung (3 pages) w/ attached Partial Initial Decision (3 pages) PDR #8407170537
- 13. 07/20/84 Ltr from DeYoung to Guild (2 pages) w/ enclosure: Receipt of
- Request for Action Under 10 CFR 2.206 (2 pages) PDR #8407270055
- 14. 10/10/84 Memo and Order, Atomic Safety and Licensing Appeal Board i regarding in-camera testing on Foreman Override (3 pages)
PDR # 8410110161 i
d
Re: F0lA-85-584 (Third Response)
AFPENDIX H (Continued)
- 15. 10/26/84 (Proposed) Supplemental Partial Initial Decision by Duke Power Company (36 pages) PDR # 8410300319
- 16. '12/06/84 Memo to Files--Patricia Davis (2 pages) PDR # 8412070341 17, 12/20/84 Order re DD-84-16 PDR #8412240132
- 18. 12/27/84 Ltr requesting staying PID imediate effectiveness, Guild to Comission (3 pages) PDR # 8502150664
- 19. 12/28/84 Ltr on Imediate Effectiveness, Duke Power Company Attorneys to Comission. (42 pages) PDR # 8502150681
- 20. 01/10/85 Ltr from Duke Power Company Attorneys to Comission regarding Intervenor Requests to make presentation at Comission meeting on licensing of r tawba a (5 pages) PDR # 8501110489
- 21. 01/28/85 Memo from Chilk to Dircks - Staff Requirements re Catawba 1, PDR #8502050237
- 22. 03/01/85 Memo, Chilk to Board and Parties regarding Comission declination of review of ALAB-794 (1 page) PDR # 8503050469
- 23. 04/22/85 Duke Power Company's Response to GAP's September 27, 1984 Enforcement Action Request (26 pages) and Note from Shapar to Commissioners, subject: SECY-78-308 - Protection of Informants - Response to Comission Questions Regarding Section 7 of S. 2584 (7 pages) and Attachment B (3 pages)
PDR #8504250162 i 24. 06/04/85 Ltr from Taylor to Guild w/ attached: Director's Decision Under i 10 CFR 2.206 (28 pages) PDR #8506130458 l 25. 08/13/85 Ltr from Taylor to Duke Power Company, subject: Notice of
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Violation and Proposed Imposition of Civil Penalty (6 pages)
PDR #8508160156 i 26. Undated Occurrence (PNO-II-83-74). (2 pages) PDR # 8309160241 '
l l-I l
k
Re: F01A-85-584 (Third Response)
APPENDIX I RECORDS BEING PLACED IN PDR AND LPDR
- 1. 09/27/84 Ltr from Garde to DeYoung and Axelrod, re: Enforcement Action Request, Duke Power Company (9 pages)
- 2. 12/19/84 Routing and Transmittal slip from Holler to Puckett, with attached copyrighted decision, Brown Root, Inc. v. Donovan, Civil No. 83-4486 (5th Cir. 1984). (10 pages)
- 3. 01/03/85 Notation Vote Response Sheet from Comm. Asselstine (1 page)
- 4. 01/09/85 Memo from Chilk to Plaine, subject: SECY-84-467 - Director's Denial of 2.206 Petition (In the Matter of Duke Power Company)
(1 page)
4 Re: FOIA-85-584 (Third Response)
APPENDIX J RECORDS WITHHELD IN ENTIRETY
- EXEMPTION (5)
- 1. Undated Draft Director's Decision Under 10 CFR 2.206 (21 pages)
- 2. Undated Draft Director's Decision Under 10 CFR 2.206 (26 pages)
- 3. Undated. Draft Ltr from O'Reilly to Tucker (3 pages)
- 4. Undated Draft Ltr from Taylor to Owen (3 pages)
- 5. Undated Draft Ltr from Taylor to Guild (3 pages)
, 6. Undated Draft Ltr from Taylor to Garde (3 oages) l
- 7. Undated Draft Ltr from Taylor to Garde (4 pages)
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- 8. Undated Draft Ltr from Taylor to Garde (3 pages)
- 9. Undated Draft Ltr from Taylor to Garde (3 pages)
- 10. Undated Draft Ltr from Taylor to Garde (2 pages)
, 11. 11/26/84 Facsimile Transmittal Sheet from Axelrad to 0'Reilly with Notation Vote Response Sheet (3 pages)
- 12. 05/23/85 Memo from Taylor to Grace. subject: Proposed Enforcement Action and 2.206 Decision on Discrimination at Catawba (2 pages)
- 13. 06/04/85 Draft Ltr from Taylor to Guild (7 pages)
- 14. 08/07/85 Routing and Transmittal Slip from Taylor to Grace (3 pages) t
Re: F01A-85-584 (Third Response)
APPENDIX K
- 1. 07/16/85 Facsimile transmittal sheet from Holler to Jenkins (1 page) Released-Attachments:
- a. Draft Letter from Taylor to Garde (1 page) withheld-Ex.5 (Office of Inspection and Enforcement (IE))
- b. 6/28/85 Ltr from Garde (unsigned) to Taylor-Released w/ handwritten notations (2 pages) - Annotations withheld-Ex.5 (Region II)
- 2. Undated Draft Director's Decision under 10 CFR 2.206 (21 pages) with handwritten notations - Exemption (5) (IE and RII)
- 3. Undated Draft Letter from O'Reilly to Tucker w/ handwritten notations (3 pages) with attachment:
- a. Undated Notice of Violation and Proposed Imposition of Civil Penalty (3 pages) - Exemption (5) (IE and RII) 4 06/28/85 Ltr from Garde unsigned to Taylor (2 pages) - Released in Document #1.b. above. Annotations withheld - Exemption (5) -
(IE)
J
Re: F0IA-85-584 (Third Response)
APPENDIX L RFCORDS WITHHELD IN ENTIRETY EXEMPTION (5) AND (7)(A))
- 1. 07/11/84 Memo from Burns to DeYoung, subject: Section 2.206 Request on Catawba Filed by Robert Guild (2 pages)
- 2. 11/28/84 Memo from Burns to Axelrad, subject: Effect of Licensing Board's Decision in the Catawba Proceeding on Staff Enforcement Action (5 pages) w/ attachment:
A. Parties Positions and Boards Remarks on Discrimination and Harrassment Incidents (6 pages)
- 3. 03/19/85 Note to Jane Axelrad, IE, from Burns, ELD re: Draft Catawba 2.206 Decision (2 pages)
- 4. Undated Letter from DeYoung to Guild (2 pages) w/ attachment:
A. Receipt of Request for Action under 10 CFR 2.206 (2 pages)
. . ~.' .
Re: F0lA-85-584 (Third Partial)
APPENDIX M RECORDS DENIED IN ENTIRETY - EXEMPTION (5)
- 1. Undated Three draft responses to B. Garde, GAP, 9/27/84 Letter.
.(10 pages) l
- 2. Undated Draft enforcement package for EA 84-93 labeled "Rev. 3". '
(8 pages)
- 3. Undated Draft enforcement package for EA 84-93 labeled "Rev 8" (7 pages)
,4. Undated Draft Catawba 2.206 decision dated 4/1/85. (23 pages)
- 5. Undata" Draft Catawba 2.206 decision. (23 pages)
- 6. Undated Draft Catawba 2.206 decision w/ notations. . (29 pages)
- 7. Undated Draft Catawba 2.206 decision dated 5/7/85. (26 pages)
- 8. Undated Draft Catawba 2.206' decision dated 5/8/85. (26 pages)
- 9. Undated Draf t Catawba 2.206 decision dated 5/13/85. (39 pages)
- 10. Undated Draft Catawba 2.206 decision dated 5/14/85. (38 pages)
- 11. 05/14/85 Draft letter from James Taylor, IE, to Robert Guild, forwarding Catawba 2.206 decision. (6 pages)
- 12. 05/23/85 Memorandum from Taylor, IE, to Grace, RII, subiect: Proposed Enforcement Action and 2.206 Decisinn on Discrimination at Catawba. (2 pages)
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GOVEANMENT ACCOUNTADIUTY PROJECT '
1555 Connecicur Awive. N.W., Suite 202 VcmNngton D.C. 20036 (202)232 4550 September 27, 1984 Mr. Richard C. DeYoung Director '
' Office of Inspection and Enforcement U.S. Nuclear Regulatory Comission Washington, D.C. 20555 Ms. Jane Axelrod
- Director Office of Enforcement U.S. Nuclear Regulatory Comission Washington, D.C. 20555 Re: Enforcement Action Request Duke Power Company
Dear Mr,
DeYoung and Ms. Axelrod:
The Govern. ment Accountabilf ty Project (GAP) requests the issuance of a
$250,000 civil penalty against Duke Power Company (Duke) for its deliberate ai.d persistent harassmenE of quality control (QC) inspectors at its Catawba nuclear power plant from approximately 1978 through 1984 Harassment and intim-idation of r.uclear workers who engage in protected activities is prohibited by criminal law, 42 U.S.C. {5851, and administrative law,10 C.F.R. 550.7 The employees' right to engage in protected activities is also protected by the Energy Reorganization Act of 1974, as amended.
The harassment and intimidation which necessitates the issuance of a civil penalty is substantiated and documented in the Atomic Safety and Licensing Board's (ASLB) Partial Initial Decision (PID) regarding Catawba, issued June 22, 1984, which states:
I ...the Board finds that some welding inspectors were sub-jected to harassment by craft workers and craft foremen for doing their job. This varied from insult and shunning to threat of injury. The existence of these incidents in-dicates that other similar incidents probably occurred in areas other than welding, as well as in the Office of Investigation (01) report.
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Mr. Richard C. DeYoung Ms. Jane Axelrod September 27, 1984 Page Two As you know, the allegations of harassment and intimidation were raised in the Ifeensing proceedings by the citizen intervenor organization, Palmetto Alliance (Palmetto), and to 01 by GAP. (See Exhibit 1 of 0! report).
We recognize that requests for enforcement action for matters such as these normally are received from the Regional Otractor. However, for the reasons stated below, we believe that all harassment and intimidation enforce-ment , actions should be issued by the. Nuclear Regulatory Conenission (NRC) headquarters. .
I.
Current corporate policies toward harassment and intimidation,
" blackballing" within the nuclear industry requires strong enforcenent action.
As nuclear power plants under construction across the coun,try near comple-tion, a growing number of construction p,roject employees are bringing their concerns to CAP, to the media, to t,he citizen int'ervenors, and, occasionally, to the NRC.
The effect of these "come?l ately" allegations of quality assurance (QA) breakdowns, construction inadequacies, and harassment and intimidation is devastating for the Comission's resource management, can cause significant delays in the construction project, and produce catastrophic financial burdens on the Ifcensee.
By and large, these allegations are known to the sources (current and forrer quality control (QC) inspectors, engineers, crafts persons, etc.) for a l
ccmparatively long period of time. The reason cited by these individuals consis-tently for their failure to bring the concerns forward prior to the near-
- completion of the project is their fear of reprisal. overt harassment and j intimidation, or fear of the direct loss of their job.
i The fear of these actions has a great potential for reducing the motivation of QA/QC inspectors and thereby affecting the overall QA/QC program, and, ultimately, the quality of the construction. Faulty construction ultimately thr:stens public health and safety. These workers are the front-line people responsible for the safe construction of the plant. They must be free to voice their concerns about construction proble:ns or deficiencf os that they believe exist within the plant's construction.
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Mr. Richard C. DeYoung E . Jane Axelrod September 27, 1984 Page Three We believe that the allegation " crisis" is a direct result of your offies' failure to send any message to utility companies that the harassment, intimida-tion, blacklisting behavior towards its workforces will not be tolerated.
h findings of harassment and intimidation by either the Department of Labor (00L) or your agency itself should result in automatic penalty substantial enough to be an incentive for licensees to stop engaging in the well-established industry practices of expelling those members who dare to raise concerns about a power plant. . Such a penalty is justified because of the impact that harassment can have on the overall integrity of the nuclear industry and the safety of the particular plant in question.
Therefore, there must be a penalty issued in this Case. and it must be a severe che to insure that there can be no recurrence of this type of harassr.ent.
II. Harassment and intimidation at the Cattwba nuclear power plant violates 10 C.F.R. 50.7 and $210 of the Employee Protection Ac t.
The evidence is clear that Duke. In fact, did violate the above-named rules and regulations. Further, that the violations began in the mid-1970's l
and continued up to and including the time period of the ASLB hearings. This harassment included a range of actions taken by management to negatively influence the reporting of Nonconforming Item Reports (NC!) by OC inspectors. Some of these actions are listed below.
- 1. Workers being told or ordered to slack of f on their inspec.
l tions or there would be retaliation;
- 2. Filing of bad performance ratings and reports against in-l Spectors who found problems with procedures and hardware;
- 3. An inspector who was threatened with a rifle for rejecting work as unsafe;
- 4. Threats to " knock an inspector's eyes out;"
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S. An inspector being threatened with his job if he continued l
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,so Mr. Richard C. DeYoung Ms. Jane Axelrod September 27, 1984 Page Four to follow NRC procedures in his inspections;
- 6. Another inspector was threatened that he would have "his teeth knocked out" if he did not stop writing NCI's; 7 Some employ e ~ es and welding inspectors were harassed for taking their concerns to the NRC; The employees have also expressed the feeling of intimidation.about their freedom '
to bring their concerns to the NRC under threat of some type of ,retallation from the company:
- 8. A number of workers felt that they were repr'imanded by management for bringing their concerns to the NRC; *
- 9. A meeting at which QC inspectors were warned by Lep- -
level executives not to,,take their concerns to the NRC at a getting between the Executive Vice President and weldthg QC inspectors;
- 10. some inspectors were threatened, being told that if they did not " ease off" in their inspections , they would not advance in employment;
- 11. One inspector who was going to testify at a hearing was intimidated by a corporate official concerning his testimony at that hearing or future hearings;
- 12. An employee threatened to push a welding inspector of f a scaffold for doing an inspection of his work;
. 13. Other examples of inspectors were threatened with l
transfer if they continued to conduct proper inspections; j 14. Inspectors were repeatedly harassed by other employees I
after they brought their concerns to s one of their Supervisors;
- 15. Inspectors were repeatedly warned by management that they were over-inspecting; L
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Mr. Richard C. DeYoung Ms. Jane'Axelrod September 27, 1984 '
Page Five -
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- 16. A number of inspectors were threatened with their jobs for conducting proper inspections; and
- 17. Inspectors were repeatedly harassed and hassled for doing their jobs.
Company management generally took no adequate response to these prohibited actions, instead characterizing the well-founded complaints of QC inspectors as complaints about pay cuts.
- The foregoing facts clearly lay out a pattern of harassment, intimidation ,
and discrimination, which fall within the definitionb of the type of harassment which is prohibited. Further, the evidence of harassment in this Case is much more severe and widespread than was found in two recent cases where civil penal-ties were imposed by the NRC against Texas Utilities Generating Company (TUGCO).
In both cases at Comanche Peak, there was verbal harassment, intimidation and terminations of single QC employees for doing their jobs, and threats of removal of OC certifications. For these violations. TUGC0 was assessed by your office
, two civil penalties totaling $80,000. As you know TUGC0 has continued to resist the penalties. The incidents at Catawba go far beyond those which occurred at Comanche Peak and deserve a much more severe penalty than,that imposed on TUGCO.
At Comanche Peak, Charles Atchison, a QC inspector, was terminated when he alone voiced objections to a single safety violation within the plant that had not been remedied. Yet at Catawba, the harassment was not an isolated event, it tas of an entire crew. At Catawba, the harassment was condoned throughout the highest level of Duke management. It was promulgated by the Quality Assurance Manager and was the generic modus operandi of this supervisor toward a specific t
crew and their identification of nonconforming conditions for at least five years.
The magnitude of the harassment at Catawba exceeds that of any other construction project.
M A good working definttfon of what constitutes harassment is contained in the Atomic Safety and Licensing Board's Partial Initial Decision. " ...any action taken by another employee or superior intended to modtfy the behavior of an in-spector so as to impede the proper performance of the assigned task. Harassment may involve use or threat of physical or violence or more subtle action or speech intended to intimidate, embarrass, or ridicult." (PID, In Re Duke Power Company.
ASLBP No.81-463 06 OL p. 36). ~~
Mr. Richard C. DeYoung Ms. Jane Axelrod September 27, 1984 Page Six
!!!. 10 C.F.R. 50.7 requires the Comiss ton to take enforcement action Federal Regulation 10 C.F.R. 50.7 states :
(c) A violation of paragraph (a) of this section by a Com-mission licensee, permittee, an appitcant for a Com-mission license or permit, or a contractor or subcon-tractor of a Comission licensee. Pennf ttee, or
. applicant may be grounds for:
(1) Cenial, revocation, or suspension of the Itcense.
(2) Imposition of a civil penalty on the Ilconsee or appl ica nt .
(3) Other enforcement action.
In the Catawba case, the ASLB failed to find a pervasive QA breakdown on the site resulting from the harassment and intimidation.of G. E. Joss and the welding inspectors on his crew. (PIO pp. 179-180). We disagree with that conclusion, and draw your attention to w" hat Mr. Ross stated in his interview cith 01:
1 personally do not feel this lack of support, intimidation ar.d harassment or the willful violation of procedures is limited to welding inspections. I have had other inspectors from other discipitnes express similar co.wnents about their experiences with QA management, it seems that most of the complaints came from civil inspectors. I am not sure why this has not been followed up acre during these inquiries.
Probably because people in other disciplines do not went to go through the same thing that the welding inspectors have had to endure. There were two civl! inspectors Jim horris and Wrenn Wasse, who said they had siritar problems. I do not know whether they would want to take to the NRC cr not.
They might fear for their jobs if they talk.
The failure of the ASLB at Catawba to find a pervasive QA breekdown suf-ficient enough to remove reasonable assurance that tr.e plant has not been built to operate without endangering public health and safety does not remove your office's responsibility to enforce the Comission's regulations regarding harassment and intimidation of a QC supervisor and a crew of QC inspectors, federal regulations clearly speak to the need to punish employers for any employee intimidation which affects nuclear safety and, consequently, L
'n n.
7 Mr. Richard C. DeYoung Ms. Jane Axelrod Sept einber 27. 1984 Page Seven public safety. " Employees are an important source of safety information and should be encouraged to come forth with any items of potential significance to safety without fear of retribution from their employers." 47 C.F.R. 30, 453 (1982). Yet at Catawba, QA supervisors threatened their employees and warned them not to document blatant deviations from welding QC procedures.
The Secretary of Labor recognized the inherent danger in management's attempts to short circuit the identification of nonconforming itees.
The Aeinistrative Law Judge found that Atchison was fired ,
for submitting NCR's. The NCR procedure whereby employees report problems to their employers is precisely the type of activity Congress intended to protect when it passed the Act. *
. Should the Secretary of Labor not recognize the intent of Congress to protect the activity Atchison engaged in, there i ,
is no doubt that employees could be deterred from reporting safety problems resulting in the existence of defective nuclear plants. Defects in nuclear plants may well endanger the well being.of millions of Americans in the future.
(Complainant's Response before DOL, Case No. 82-ERA-9, p.
12).
Moreover, as a result of the harassment in the Atchison case, the NRC Office of !&E issued a proposed imposition of a $40,000 civil penalty. (December 16,1983 EN83-82). Thus, the 0!E was stating, in a case sirillar to the one before you now in Catawba, that in order for the legislative purpose to be ful-
. filled, strict sanctions must be imposed.
GAP is certain that any hesitancy on the part of the NRC to issue a civil penalty in this case would be contrary to Congressional intent and have a
" chilling effect" on employee complaints about nuclear quality control, particu-I larly at Duke. Conversly, the agency's failure to issue a civil penalty will have the effect of encouraging utilities to continue engaging in harassment and I
intimidation of its workforce.
g Mr. Richard C. DeYoung Ms. Jane Axelred September 27, 1984 Page Eight IV. New Evidence of An Atmosphere of Harassment and Intimidation Yesterday an internal Duke investigation and its Argion !! counterpart was released to Intervenor Palmetto Alliance and gap. Although the infonnet{on is under partial seal ordered by Judge James Kelly we believe that your office has both a duty and a right to review it. The infonnation contained in the Duke investigation comes from several hundred statements taken by Duke management officials of construction workers at the site. Al though Duke's public explanation of this material is their standard "only a paper-work problem" we believe that it is a devestating indictment of what the htC has .
failed to find. Workers complain of such things as being threatened to *have their brains blown out" for refusing to violate procedures, and fear of losing their job if it is ever discovered that they have talked to Duke management abottt their concerns. There is a consistent complaint of wor,kers about
- certain foreman being on drugs, of pushing to meet construction schedules
! regardless of quality, of looking the other way when pipes are pulled into place by com.a-longs, and Nld interpass temperature is violated. There is evidence that guards were posted to keer a "look out" for OC inspectors and that there were so few QC inspectors on the night shift that it was impossible to inspect I
all fo the work, in all over two hundred workers gave sta tenents. It is obvious by the language in the statements that many of the workers just nodded their heads to Dukes' shrewdly worded questions, one entire group of workers had enactly the same answer identically to each question.
In spite of the gloss and weaknesses of this internal investigation, there are still many workers who apparently tried to tell their management the truth.
Any inquiring investigator could have found the problems that these workers are l
now reporting years ago. But, instead of looking for the true condition of the '
, Catawba plant the Region II investigators continue to be Duke's corporate "cheerleading squad." The Region !! investigative file on this matter is a disgrace - once again Mr. O'Reilly has sat down with the utility company he is supposed to be regulating and instructed them on how to " beat the system" he is supposed to be trplementing. He has disclosed the names of the accused and the accusors, given tips on how to defend themselves on these allegations, and failed to even notify your office of the allegations of deliberate violations of MRC regulations,
~. . - _ - ._- .- - . _ - _ _ - - - _ - _ - _ - . . _ _ . - - - _ _ - - - - - - - -
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Mr. Richard C. DeYoung Ms. Jane Ameirod
, Septeder 27, 1984 Page kine CONCtUSION We strongly urge you to take the first solid step toward breaking the industry's hold on the nuclear workforce. Your failure to do so will promulgate the allegation problem which has stpled your agency and is plaguing construction projects across the nation.
Upon rny return from the harassment and intf afdation hearings in Ft. Worth about sfaflar abuses at the Comanche. Peal site. I will contact Ms. Axelrod set 6p a meeting regarding this matter.
Sincerely,
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81111e Pirner Garde e C.f tizens Cilnic Of rector SPG:me ,-
cc: Willfam Dircks. C00 Ben Hayes. 01 Harold Denton, NRR s
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I c,oyauGAENT ACCOUNTADIUTY PROJEd j t 333 connecncu ^*" w. w 202 \ (20z 23265Sc wesh ngen. D.C. 2GC06 June 26, 1965 f lff }gy , Q&
aje y,r . James 4 Taylor Director Office of Inspection and Enforcocent c.S. r;uclea r Requiatc ry Commission Washington, D.C. 20558 Re: Director's Occis2cn under 10 C.F.R. 2.206 re: Cat 3wc3 Dear Mr. Taylorr Your June 4, 1985 decision to prepose a 564,000 civil penalty against Duke Power Compar.y for violation of 10 C.F.B.
SC.7 was a 1cng awaited welcome. Your decision was laudatory and we hope that the NRC will not waiver from the well doce=ented decision.
The decision to scicy base the civil penalty on the findings of the Atcmic Safety and Licensing Board panel was, l
however, unfortunate. The harassment and intimidation of l Quality nan just control inspectorsofat catawba was much more widesprean the treatren .M r . ' Dean' Ross.
The authority of the Director of Inspection and En f o rce. mon t is not of enforcement, as ycu constrained well know. by ASLB preceedings in matters The weakness of the agency's deciston to recognize only
- nethe to iccident of the harassment real danger to the plant'sofQuality Mr. Ross instead of icokina Assurance ~
as a re.*su;: ^' prograr
- al *.y Cc the corpcrate attitude tcward
- s c:nse;ent. ..
rc' bspoc:c:s sad managers is ;naccep:2cl...
!ctw: '1 standing ne debate en the prcpened nenalty,
- must the Dukeres:Ond Catawba to your lette r about Begten ::'s ntndling c' case.
And as Your sunnlitter a'as was o'ovicusly written by Regica ;: perncnne' unabsshedly self-serving. I understand that ,
a matter cf practice the Ctrector refers corpta;nts such as /<-
those . naue ;r ry Septe~eer 27, 1984 letter to the recica f: gk jn order to getthat r.isappointrd "the ciner side of t he s t o r y . " tiewe ve r ," I am your response contained no analvsis of the charges that i raised. : torce that the a llega:1cns made 4931nSt acetens =fRO?icn n.qicn II were serious, and I centinua to reoard ths ~
! ir 29ency snculd be ashamed.:s ra :er as cenute: which your cf. .ct 42fand.
' t .". 3 om ility to recognize the aer:cus natureInoffact, the your personal, misconduct.. ~ ,
regional personnel as very disconcerting. .', * *'
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Perhapa .y letter wasn't clear enoungh. I woule like to be able to present GAP's view on this to your staff, or to the office of Inspec:cr or Auditor (CIA) af you feel it' appropriate.
I icok forward to your response, which shouldn't be delayed by eithor DOL or Duke interferences.
Sincerely, Billte P. Garde O
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