ML20195F306
| ML20195F306 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 03/15/1988 |
| From: | Driskill D, Griffin H NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | |
| Shared Package | |
| ML20155A737 | List: |
| References | |
| Q4-87-014, Q4-87-14, NUDOCS 8806270015 | |
| Download: ML20195F306 (5) | |
Text
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Title:
COMANCHE PEAK STEAM ELFCTRIC STATION:
MATERIAL FALSE STATEMENT Licensee: Case Number: Q4-87-014 Texas Utilities Electric Company Report Date: March 15, 1988 2001 Bryan Tower Dallas, Texas 75201 Control Office: OI:RIV Docket No.: 50-445/446 Status: CLOSED INQUIRY t
Reported By: Approved By:
' v_4 ctR' H. Brooks Griffin, Investigator %
Y& 8 Donald D. Driskilf, Director G
Office of Investigations Office of Investigations Field Office, Region IV Field Office, Region IV
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l DETAILS OF INQUIRY Purpose of Inquiry This inquiry was initiated on October 5,1987, at the request of the Nuclear Regulatory Comission (NRC) Executive Director of Operations (ED0). The Brazos Electric Power Cooperative (Brazos), a co-owner and co-applicant in the Comanche Peak Steam Electric Station (CPSES), had identified certain facts in Texas Utilities Electric Company's (TV Electric) 1987 late filings to the Atomic Safety and Licensing Board Panel (ASLBP) which they contended were in conflict with earlier testimony provided by TU Electric managers to the NRC in Office of Investigations (01) report number 4-85-008. The ED0 requested an investigation to determine whether these facts would affect 01's investigative conclusions as reported in 4-85-008.
Background
0! report number 4-85-008 concluded that the TV Electric decision to withnold from an ASL3P discovery order a 1978 Management Analysis Company report was made solely by the Executive Vice-President (V P) of TV Electric even though certain QA cfficials believed the report was withD the scope of the inter-venor's discu ery request. The 01 investigation u ncluded that the V-P's decision was not an intentional effort to violate the ASLBP order (Exhibit 1).
On August 14, 1987, Brazos filed a motion with the ASLBP which among other things alleged that TU Electric had withheld material which was responsive to the intervenor's discovery requests. Brazos referenced documents provided to the ASL8P by TU Electric between September 15, 1985, and July 23, 1987, which said that TU Electric management had no knowledge prior to 1985 of Management Analysis Company (MAC) audit reports concerning the Brown and Root (B&R)
Quality Assurance (QA) program. Brazos wrote "Contrary to these assertions, documentation covering the period from May 1976 to January 1978 which was produced in discovery to the minority owners appears to show that TV Electric did have specific knowledge of tncse audits and reflects the actions, or inactions, of TU Electric in response thereto" (Exhibit 10).
On October 5,1987, the Executive Director of Operations requested an 01 investigation to detennine whether Brazos possessed information which .muld affect the 01 investigative conclusions in 4-85-008 (Exhibit 11).
01 Contact With Brazos On November 16, 1987, 07 formally requested that Brazos provide the NRC with the documentation which Brazos conte..ded spoke to TU Electric management's knowledge of the MAC audits of B&R's QA program which purportedly related to the intervenor's discovery requests. On November 24, 1987, Joseph RILEY, attorney representing Brazos informed TV Electric of Ol's request.
Receipt of TU Electric Records In a December 2,1987, letter to 01, Robert WOOLDRIDGE, attorney for TV Electric, provided 01 with the following documents including a filing with the 1
Case No Q4-87-014
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- I ASLBP dated July 23, 1987 and supplemental affidavits by TU Electric managers (Exhibit 2).
- 1) An office memorandum dated May 26, 1978, to E. G. GIBSON, .
J. T. MERRITT, and U. D. DOUGLAS referencing the Texas Utilities Generating Company (TUGCO) audit report prepared by MAC (Exhibit 3). -
The office memo was signed by Henry 0. KIRKLAND, Project General Manager, and J. B. GEORGE was carbon copied.
- 2) A copy Appendix A & B of the TUGC0/MAC r'eport (Exhibit 4).
- 3) An office memorandum dated June 9, 1978, referencing the MAC QA 1 through May 12, 1978, from Joe Beach GEORGE to audit report Henry 0. of May(Exhibit 5).
KIRKLAND
- 4) An office meoorandum dated September 18, 1978, from J. T. MERRITT to J. B. GEORGE regarding storage of stainless steel (Exhibit 6).
- 5) Affidavit of Joe B. GEORGE dated July 22,1987(Exhibit 7).
- 6) Affidavit of E. G. GIBSON, Jr., dated July 22, 1987 (Exhibit 8).
- 7) Affidavit of John T. MERRITT, Jr., dated July 23, 1987 (Exhibit 9).
- 8) A letter dated December 2, 1987 from WOOLCRIDGE to the ASLBP advising the board of the three documents that appeared to be within the scope of the intervenor discovery request (Exhibit 12).
- 9) Affidavit of David N. CHAPMAN dated December 2, 1987 (Exhibit 13).
WOOLDRIDGE informed the ASLBP that these documents made reference to MAC reports for B&R. In the supplemental affidavits the TU Electric managers stated they did not recall having received the subject documents during the late 1970's.
Response From Brazos In a February 10, 1988, letter to OI (Exhibit 14), Joseph RILEY, supra, advised he had reviewed the documents provided to 01 by WOOLDRIDGE (Exhibits 2 thru 9). RILEY stated these were the documents referred to on page 23 of the August 14, 1987, Brazos motion to the ASLBP.
Agent's Analysis The TU Electric ASLBP filing and affidavits which indicated that certain TU Electric managers had written or received correspondence referencing the MAC reports were reviewed in the context of their testimony and the evidence gathered during investigation 4-85-008. The Brazos inference was that the aforementioned affiants had received some correspondence which demonstrated that they knew of the existence of the MAC reports for B&R. As reported in 4-85-008, TU Electric failed to meet all obligations to the ASLBP; however, considering the enomity of the review process, it is not unpredictable that the utility continues to identify documents or have documents identified to them deemed to be within the scope of the intervenor's request. The additional documentation evidencing knowledge of the existence of the MAC reports in 1978 is not inconsistent with their lack of recollection of the existence of those documents in 1985.
Agent's Conclusion It is concluded that the information contained in these additional documents does not establish untruthfulness or questioncble integrity on the part of the Case No. Q4-87-014 2
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I named TV Electric managers. Their original testimony in 4-85-008 is accepted, and the investigative conclusions in 4-85-008 remain unchanged.
Case No. Q4-87-014 3
9 LIST OF EXHIBITS Exhibit l
No. Description l
l 1 Synopsis of 4-85-008.-
2' July 23, 1987, TV Electric Filing With the ASLBP t 3 Office Memorandum to E. G. GIBSON, etc. From Henry 0. KIRKLAND -
Dated May 26, 1978 4 Appendix A and B,1978 MAC Audit Report of Texas Utilities -
Generating Company 5 Office Memorandum to Henry O. KIRKLAND From Joe B. GEORGE Dated -
June 9, 1978 v
6 Office Memorandum to J. B. GEORGE From J. T. MERRITT Dated September 18, 1978 7 Affidavit of Joe B. GEORGE Dated July 22, 1987 8 Affidavit of E. G. GIBSON Dated July 22, 1987 9 Affidavit of John T. MERRITT Dated July 23, 1987 {
l 10 Brazos Electric Motion Dated August 14, 1987 '
11 Request for Investigation Dated October 5,1987 12 December 2, 1987 TU Electric Filing With ASLSP Affidavit of David CHAPMAN Dated December 2,1987 '
13 14 Letter from Joseph RILEY Dated February 10, 1988 4
Case No. Q4-87-014
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UNITED STATES O h NUCLEAR REGULATORY COMMISSION h j WASHINGTON, D. C.10555
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,re Docket Nos. 50-445/446 MEMORANDUM FOR: The Atomic Safety and Licensing Board for Comanche Peak (P. B. Bloch, W. H. Jordan, K. A. McCollom, E. B. Johnson)
FROM: Christopher I. Grimes, Director Comanche Peak Project Division Office of Special Projects
SUBJECT:
OFFICE OF INVESTIGATIONS REPORT OF INQUIRY Q4-87-014 (B0ARD NOTIFICATION N0. 88-05)
Enclosed is a copy of the subject Office of Investigations Report. In Board Notification No. 86-20, the staff provided you with 01 Report No. 4-85-008 which examined circumstances surrounding the failure of Texas Utilities Electric Company tc provide the Management ^ Analysis Company report on a timely basis in response to a discovery request by the intervenor. The staff review of an August 14, 1987 motion filed by Brazos Electric Power Cooperative with the ASLB revealed infonnation that the staff thought might affect 01's ,
investigative conclusions as reported in 4-85-008. Therefore, the staff requested an investigation of the matter.
This notification is to inform you of the results of the OI investigation which is reported in 01 Report of Inquiry Q4-87-014.
CI %
Christopher I. Grimes, Director Comanche Peak Project Division l Office of Special Projects
Enclosure:
l 01 Report l l
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Title:
COMANCHE PEAK STEAM ELECTRIC STATION: l MATERIAL FALSE STATEMENT l
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Licensee: Case Number: Q4-87-014 Texas Utilities Electric Company Report Date: March 15, 1988 l 2001 Bryan Tower Dallas, Texas 75201 Control Office: 01:RIV Docket No.: 50-445/446 Status: CLOSED INQUIRY l l
l Reported By: Approved By:
i 10 4 $ af.d s Donald D. Driskill, Director cte:H. Brooks Griffin, Investigator %
Office of Investigations Office of Investigations !
Field Office, Region IV Field Office, Region IV qr,m- 1,m i-n, d rl i G -
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1
! DETAILS OF INQUIRY Purpose of Inquiry This inquiry was initiated on October 5,1987, at the request of the Nuclear Regulatory Commission (NRC) Executive Director of Operations (ED0). The Brazos Electric Power Cooperative (Brazos), a co-owner and co-applicant in the Comanche Peak Steam Electric Station (CPSES), had identified certain facts in Texas Utilities Electric Company's (TV Electric) 1987 late filings to the Atomic Safety and Licensing Board Panel (ASLBP) which they contended were in conflict with earlier testimony provided by TU Electric managers to the NRC in Office of Investigations (01) report number 4-85-008. The ED0 requested an investigation to determine whether these facts would affect 01's investigative conclusions as reported in 4-85-008.
Background
- OI report number 4-85-008 concluded that the TU Electric decision to withhold from an ASLBP discovery order a 1978 Management Analysis Company report was made solely by the Executive Vice-President (V-P) of TV Electric even though certain QA officials believed the report was within the scope of the inter-venor's discovery request.. The OI investigation concluded that the V-P's decision was not an intentional effort to violate the ASLBP order (Exhibit 1).
On August 14, 1987, Brazos filed a motion with the ASLBP which among other things alleged that TU Electric had withheld material which was responsive to the intervenor's discovery requests. Brazos referenced documents provided to the ASLBP by TV Electric between September 15, 1985, and July 23, 1987, which said that TU Electric management had no knowledge prior to 1985 of Management Analysis Company (MAC) audit reports concerning the Brown and Root (B&R)
Quality Assurance (QA) program. Brazos wrote "Contrary to these assertions, l documentation covering the period from May 1976 to January 1978 which was I produced in discovery to the minority owners appears to show that TV Electric l did have specific knowledge of these audits and reflects the actions, or l inactions, of TV Electric in response thereto" (Exhibit 10). (
1 On October 5, 1987, the Executive Director of Operations requested an 01 l investigation to determine whether Brazos possessed information which would l affect the OI investigative conclusions in 4-85-008 (Exhibit 11). ,
01 Contact With Brazos On November 16, 1987, 01 fonnally requested that Brazos provide the NRC with the documentation which Brazos contended spoke to TV Electric management's knowledge of the MAC audits of B&R's QA program which purportedly related to the intervenor's discovery requests. On November 24, 1987, Joseph RILEY, attorney representing Brazos informed TV Electric of 01's request.
Receipt of TU Electric Records In a December 2, 1987, letter to 01, Robert WOOLDRIDGE, attorney for TV Electric, provided OI with the following documents including a filing with the Case No. Q4-87-014 1
q e-- \
, w ASLBP dated July 23, 1987 and supplemental affidavits by TV Electric managers (Exhibit 2).
- 1) An office memorandum dated May 26, 1978, to E. G. GIBSON, J. T. MERRITT, and U. D. DOUGLAS referencing the Texas Utilities Generating Company (TUGCO) audit report prepared by MAC (Exhibit 3).
The office memo was signed by Henry 0. KIRKLAND, Project General Manager, and J. B. GEORGE was carbon copied.
- 2) A copy Appendix A & 8 of the TUGC0/MAC report (Exhibit 4).
- 3) An office memorandum dated June 9, 1978, referencing the MAC QA 1 through May 12, 1978, from Joe Beach GEORGE to audit 0.
Henry report of May(Exhibit KIRKLAND 5).
- 4) An office memorandum dated September 18, 1978, from J. T. MERRITT to J. B. fiE0RGE regarding storage of stainless steel (Exhibit 6).
- 5) Affidavit of Joe B. GEORGE dated July 22, 1987 (Exhibit 7).
- 6) Affidavit of E. G. GIBSON, Jr., dated July 22, 1987 (Exhibit 8).
- 7) Affidavit of John T. MERRITT, Jr., dated July 23, 1987 (Exhibit 9).
- 8) A letter dated December 2, 1987 from WOOLDRIDGE to the ASLBP advising the board of the three documents that appeared to be within the scope of the intervenor discovery request (Exhibit 12).
- 9) Affidavit of David N. CHAPMAN dated December 2, 1987 (Exhibit 13).
WOOLDRIDGE informed the ASLBP that these documents made reference to MAC reports for B&R. In the supplemental affidavits the TV Electric managers stated they did not recall having received the subject documents during the late 1970's.
Response From Brazos In a February 10, 1988, letter to 01 (Exhibit 14), Joseph RILE' Jpra, advised he had reviewed the documents provided to 01 by WOOLDRI'.dE (Exhibits 2 thru 9). RILEY stated these were the documents referred to on page 23 of the August 14, 1987, Brazos motion to the ASLBP.
Agent's Analysis The TV Electric ASLBP filing and affidavits which indicated that certain TU Electric managers had written or received correspondence referencing the MAC reports were reviewed in the context of their testimony and the evidence gathered during investigation 4-85-008. The Brazos inference was that the aforementioned affiants had received some correspondence which demonstrated that they knew of the existence of the MAC reports for B&R. As reported in 4-85-008, TV Electric failed to meet all obligations to the ASLBP; nowever, considering the enormity of the review process, it is not unpredictable that the utility continues to identify documents or have documents identified to them deemed to be within the scope of the intervenor's request. The additional documentation evidencing knowledge of the existence of the MAC reports in 1978 is not inconsistent witn their lack of recollection of the existence of those documents in 1985.
Agent's Conclusion It is concluded that the infor : tion contained in these additional documents does not establish untruthfulneu or questionable integrity on the part of the Case No. Q4-87-014 2
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named TV Electric managers. Their original testimony in 4-85-008 is accepted, and the investigative conclusions in 4-85-008 remain unchanged.
4
, se No. Q4-87-014 3
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LIST OF EXHIBITS Exhibit No. Description 1 Synopsis of 4-85-008.-
2' July 23, 1987, TV Electric Filing With the ASLBP '
3 Office Memorandum to E. G. GIBSON, etc. From Henry O. XIRKLAND -
Dated May 26, 1978 4 Appendix A and B, 1978 MAC Audit Report of Texas Utilities -
Generating Company 5 Office Memorandum to Henry 0. KIRKLAND From Joe B. GEORGE Dated -
June 9, 1978 v
6 Office Memorandum to J. B. GEORGE From J. T. MERRITT Dated September 18, 1978 7 Affidavit of Joe B. GEORGE Dated July 22, 1987 8 Affidavit of E. G. GIBSON Dated July 22, 1987 9 Affidavit of John T. MERRITT Dated July 23, 1987 10 Brazos Electric Motion Dated August 14, 1987 '
11 Request for Investigation Dated October 5,1987 12 December 2, 1987 TU Electric Filing With ASLBP 13 Affidavit of David CHAPMAN Dated December 2, 1987 14 Letter from Joseph RILEY Dated February 10, 1988
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4 Case No. Q4-87-014
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