ML20198H740

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Ack Receipt of NRC in Response to Furbush Re 820211 Notice of Violation.Disagreement W/Notice of Violation Relates Only to Meaning of Materiality
ML20198H740
Person / Time
Site: Diablo Canyon Pacific Gas & Electric icon.png
Issue date: 04/15/1982
From: Mielke F
PACIFIC GAS & ELECTRIC CO.
To: Deyoung R
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
Shared Package
ML20198H614 List:
References
FOIA-85-691 NUDOCS 8601310086
Download: ML20198H740 (2)


Text

a, 4/64 PACIFIC OAS AND ELECTR,IC C O M PANY I

77 BEALE STREET

  • SAN FRANCISCO. CALiroRNIA 948o6 - (415) 7814211 0

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April 15, 1982 MMd e '

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Mr. Richard C. DeYoung, Director Office of Inspection and Enforcement U. S. Nuclear Regulatory Commission Washington, D.C. 20555

Dear Mr. DeYoung:

I have your letter of April 13 in answer to Mr. Furbush's letter of March 15 responding to the Notice of Violation issued by your office on February 11.

I want to assure you that the entire senior level of manage-ment is completely aware of the concerns you expressed to the Commission and to me and Messrs. Furbush and Maneatis at our meeting, about PCandE's attitude in dealing with the Commission.

We are committed to a policy of full, frank and open communication between the Company and the Com-mission at all times. The Notice of Violation and our meeting have emphasized to us the paramount importance of such communication between us.

Therefore, I am distressed to learn that you feel Mr. Furbush's response on behalf of the Company indicates "that senior levels of management in the company do not find the actions of November 3, 1981, to be unacceptable" and that you are disturbed that "the... response may give a message...that your employees may act similarly in the future."

I and other senior members of PGandE management do not regard the failure of those with knowledge to speak up as acceptable. Mr. Furbush's letter in no way should be considered as overriding either what I said to you at our meeting on Ibrch 8 or the continuing messages I and other senior membero of management, including Mr. Furbush, are giving to the FGandE organization regarding openness in dealings with the NRC.

The quarrel we had with the Notice of Violation was not that we thought the failure to speak up was to be condoned as a proper way for PGandE representatives or employees to act.

Such failure was, and ta, unacceptable.

Mr. Furbush's letter of March 15 was directed solely to the question whether this unacceptable conduct constituted a " material falso statement."

In our view, it was not " material," even though we agree it was an " unacceptable" f ailure of ceemunications.

Our disagreement with the Notico of Violation relates only to 1

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$w Mr. Richard C. DeYoung April 15, 1982 the meaning of materiality. There is no misunderstanding between the NRC and PGandE that the conduct in question was, and is, an unacceptable way for PGandE to act in communicating with the NRC.

So there will be no misunderstanding within the PGandE organiza-tion on this point, I am circulating copies of this letter to the PGandE staff concerned with NRC matters.

If you wish, I would be happy to review this subject with you personally in your office as you suggest, and ac ycur cenvenience.

Sincarely,

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