ML20197G610

Affidavit of T Devine Re Investigation of Alleged Illegal QA Practices.Certificate of Svc Encl

ML20197G610
Person / Time
Site:	Diablo Canyon
Issue date:	06/07/1984
From:	Devine T GOVERNMENT ACCOUNTABILITY PROJECT
To:
Shared Package
ML20197G601	List: ML20197G597 ML20197G610
References
NUDOCS 8406150341
Download: ML20197G610 (7)

Text

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s AFFIDAVIT i My name is Thomas Devine. I am an attorney and the legal director of the Government Accountability Project. For the previous seven months'I have been conducting an investigation of alleged illegal or improper practices at the Diablo Canyon nuclear power plant. During that time I have served as counsel on specific matters for the San Luis Obispo, California Mothers for Peace, and for individuals who have worked or still work at Diablo Canyon.

I am submitting this statement to register my deep concerns, and those of employees whom I have represented or ersisted in their disclosures of alleged quality assurance (QA) violations to the Nuclear Regulatory Commission. The concerns are over both inadvertent and knowing NRC staff disclosures of their identity to the licensee Pacific Gas and Electric (PG&E).

1. Pursuant to 10 C.F.R. 2.206, on February- 2, March 1, March 23, April 12, April 25 and May 3, 1984 I submitted allegations of QA violations at Diablo Canyon to the NRC. The petitions were supported by affidavits , some of which were offered without permission to reveal the affiant's identity.

2. To achieve this goal, as well as to avoid compromising Office of Investigations.(OI) cases that could arise from the allegations, I initially did not file the supporting affidavits on the public record. The affidavits were disclosed separately to the staff.

3. Even with respect to those affidavits provided separately to the staff, I deleted the identities and identifying character-istics of all confidential witnesses at their insistence. My 8406150341 840611 PDR ADOCK 05000275 g PDR

6 partner John Clewett and I warned the witnesses, however, that in many cases the issues could be traced back to them, because they were personally associated witn the issues due to their efforts to tesolvb the' problems- through the corporate system. In an effort to minimize that oossibility occurrina throuch mv own oresentation of allegations on the public record, I promised to describe the issues in as abstract a manner as possible in the texts of GAP ,

submissions. The staff could use the affidavits and exhibits to pursue necessary, specific supporting documentation.

4. On February 16, 1983 Mr. Larry Chandler, an NRC staff attorney on the Diablo Canyon case, informed me, inter alia, that the staff was turning over the affidavits and exhibits to the licensee. I protested that, inter alia, the witnesses' identities could be revealed de facto as a result. Mr. Chandler repeated that the affidavits would be turned over to the licensee. He made it clear that any further objections would be a waste of my time; the decision had been made.

5. Prior to filing a March 23, 1984 disclosure with the NRC, Mr. Clewett and I informed all confidential witnesses that we wanted to make the " censored" versions of their statements available l for the public record. Mr. Clewett and I explained that as long as the NRC was going to give these censored statements to Pacific Gas and Electric, the public should see the statements as well. All witnesses agreed with this explanation. The witnesses expressed l deep reservations about their'statemehts being provided to PG&E in any form, however. They were concerned that management could retaliate through blacklisting. They also were concerned about physical reprisal l

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t if management shared their identities with the unions. Both current and former employees at Diablo Canyon expressed these j i

concerns.  !

6. In a May 17, 1984 letter responding to various GAP allega- [

t tions. (DCL-84-187) , PG&E identified three witnesses as the source [

of allegations. PG&E added that originators previously had been h unknown for those issues and explained that it had been able to

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tie the named individuals to the relevant allegations, based upon receipt of their affidavits. l

7. In Supplemental Safety Evaluation Report (SSER) 22, the  !

, NRC staff previously had identified one of the confidential witnesses.  !

l (This same individual was named as the source of more allegations  !

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, in the May 17 PG&E letter.) This occurred, because in SSER 22 the i s

staff identified the individual as the author of a specifid quality  !

L assurance reported listed in the SSER, without giving his name. i

8. All three relevant witnesses expressed anger at the NRC I r

as responsible for their identities being revealed. Reactions i

ranged from discussions about filing a lawsuit, to cutting off all further communications with the NRC. All three witnesses were upset that the NRC had violated their right to privacy.

9. Since February I6, all thr66 individuals have been laid off l or suffered harassment on-site.

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10. All anonymous witnesses except one agreed in the end to I provide confidential statements to the Atomic Safety and Licensing i Appeals Board. They agreed only on the condition that the Appeals l Board grant a Protective Order to shield disclosure of their identities l

from Diablo Canyon management, and that the Protective Order would cover the NRC staff as well as PG&E attorneys. I provided the

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6 statements to Mr. Joel Reynolds on that condition.

I have read the above four page statement and it is true, accurate and complete to the best of my knowledge and belief.

& J Thomas Devine State of California (

County of San Luis Obispo ( *

• Thomas Devine, being duly sworn, deposes and says:

I have read the above four page statement, addit is true, accurate and complete to the best of my know edge d belief.

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oJJ Thomas Devine Subscribed and sworn to before me on June 7, 1984.

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OFFICIAL SEAL

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s UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD

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In the Matter of )

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PACIFIC GAS AND ELECTRIC COMPANY ) Docket Nos. 50-275 0.L.

) 50-323 0.L.

(Diablo Canyon Nuclear Power )

Plant, Units 1 and 2) ) ,

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F CERTIFICATE OF SERVICE I

I hereby certify that on this 12th day of June, 1984, I have served copies of tne foregoing JOINT INTERVENORS' MOTION FOR PROTECTIVE ORDER by mailing them through the U.S. mails, first ,

class, postage prepaid, to the attached list.

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1 CHRISTINA CONCEPCION I

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s SEPVICE LIST Nunzio Palladino, Chairman James Asselstine, Commissioner U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Victor Gilinsky, Commissioner Frederick Bernthal, Commissioner U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Thomas Roberts, Commissioner Samuel J. Chilk, Secretary U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 i

• Thomas S. Moore, Chairman *Dr. W. Reed Johnson Atomic Safety & Licensing Atomic Safety & Licensing Appeal Board Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission 4350 East West Highway 4350 East West Highway 3d Floor Guard Desk 3rd Floor Guard Desk Bethesda, MD 20814 Bethesda, MD 20814

• Dr. John H. Buck Docket and Service Branch Atomic Safety & Licensing Office of the Secretary Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 4350 East West Highway 3d Floor Guard Desk Bethesda, MD 20814 Lawrence Chandler, Esq.

Office of the Executive Legal Director - BETH 042 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 David S. Fleischaker, Esq.

Post Office Box 1178 Oklahoma City, OK 73101 Bruce Norton, Esq.

Norton, Burke, Berry & French P.O. Box 10569 Phoenix, AZ 85016

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Malcolm H. Furbush, Esq. l Vice President & General Counsel Philip A. Crane, Esq.

Pacific Gas and Electric Company Post Office Box 7442 San Francisco, CA 94120 John Van de Kamp, Attorney General Andrea Sheridan Ordin, Chief Attorney General Michael J. Strumwasser, Special Counsel to the Attorney General Office of the Attorney General State of California 3580 Wilshire Boulevard, Suite 800 Los Angeles, CA 90010  !

Richard B. Hubbard MHB Technical Associates 1723 Hamilton Avenue Suite K  !

San Jose, CA 95125 t Virginia and Gordon Bruno Pecho Ranch Post Office Box 6289 Los Osos, CA 93402  ;

Sandra and Gordon Silver 1760 Alisal Street San Luis Obispo, CA 93401 Carl Neiburger Telegram Tribune '

Post Office Box 112 San Luis Obispo, CA 93402 l

Tom Devine i Government Accountability Project [

1901 Que Street, N.W. '

Washington, D.C. 20009  ;

Eric Havian, Esq.

Heller, Ehrman, White & McAuliffe 44 Montgomery Street., 31st Floor San Francisco, CA 94104 I

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• Via Federal Express on June 11, 1984.

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