ML20205S806

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Forwards Intimidation Panel Charter Based on Discussions at 841128 Meeting.Meeting W/Dg Eisenhut Scheduled for 841207 to Discuss & Approve Proposed Charter & Encl List of Action Items.Summary of 841214 Meeting Also Encl
ML20205S806
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 12/06/1984
From: Noonan V
NRC - COMANCHE PEAK PROJECT (TECHNICAL REVIEW TEAM)
To:
NRC
Shared Package
ML20204J043 List:
References
FOIA-85-153, FOIA-86-A-17 NUDOCS 8606120912
Download: ML20205S806 (8)
v • d • e


Text

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/  %, UNITED STATES 8 NUCLEAR REGULATORY COMMISSION j

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- - WASmNGTON, D. C. 20555 l

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DEC 6 8 84 MEMORANDUM FOR: Comanche Peak Intimidation Panel Members FROM: Vincent S. Noonan, Project Director Comanche Peak Intimidation Panel Members

SUBJECT:

INTIMIDATION PANEL CHARTER I l

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1 Attached is a copy of the Intimidation Panel Charter based on discussions at the meeting conducted on November 28th.

I have scheduled a meeting with Darrell G. Eisenhut for Friday, December 7, 1984 at 9:00 a.m. in his office to discuss and approve the proposed charter.

Following that meeting, the panel will discuss and agree upon action item completion dates, roles of members and other items as required. Your valuable participation is appreciated.

n, Uroject Director manche Pe Technical Review Team i

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Comanche Peak Intimidation Panel Charters OBJECTIVES:

The objectives of the panel are:

, 1) To determine whether intimidation, harassment, or discrimination

(" intimidation") against employees or contractors occurred in the past or is now occurring at Comanche Peak; *

2) To determine the extent of the above conditions if they exist (ed) and to identify the circumstances surrounding the events including the personnel involved, the du' ration, the reasons for its occurrence and management corrective actions or recommendations for corrective actions,
3) To determine the existence of any other indicators of poor management practices or attitude toward the identification and

, correction of quality problems.

PURPOSE:

The panel will provide as products:

1) A position on the intimidation question to NRC upper management;
2) Input to the Comanche Peak Contention 5 Panel which will determine the effects of any intimidation on the overall QA/QC Program at Comanche Peak.

MEMBERSHIP:

JamesGagliardo.IE(Chairperson)

Jane Axelrad IE James Lieberman, OELD Bruce Kaplan, EG&G T.P.Gwynn,RegionIII,(Advisor)

DorwinHunter,RegionIV,(Advisor)

Brooks Griffin, Region IV (Advisor)

ThomasIppolito,AEOD(Advisor Joseph Scinto, OELD (Advisor) )

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ACTION ITEMS

1. Define criteria for determining whether intimidation, harassment, or discrimination occurred. .
2. Conduct as appropriate a review of relevant data bases:

Ak a. EG&Greportonintimidation(9/84) 3 4_ allegaHnne eglated-to_4n44midation-as-ident4fie

-E G&G--ef fort-fTRT-findings-and-reconnenda t-lon: )

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c. Transcript of EG&G Intimidation Study Team briefing of NRC, applic, ant's, and intervenor's lawyers k d. Enforcement packages related to intimidation. .

, e. Depositions cf 75 el h;atf related to intimidation and c:;g harassment. (A summary will be sought or prepared as required) ,

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f. Transcripts of current ASLB hearings related to intimidation.

.d< g. Office of Investigations reports on intimidation and status of outstanding allegations. (B. Griffin should provide briefing on the above) '

  • b , h. Information on Department of Labor Hearings related to the subjects >

of concern.

3. Interface with CP Contention S Panel routinely.
4. Based on the above data and any other relevant data reviewed by the panel, develop a position which meets the stated objectives.

i S. Prepare an SSER on intimidation, and provide testimony as required at l ASLB hearings.

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Approved By:

Darrell Eisenhut l

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hk-o COMANCHE PEAX INTIMIDATION PANEL MEETING

SUMMARY

Meeting was held on December 14, 1984 from 8:00 am to 12:00 pm.

Attendees were: D. Hunter, RIV B. Kaplan, EE&G C. Poslusny, TRT J. Axelrad, IE ,

J. Lieberman, OELD J. Gagliardo. IE S. Treby, OELD B. Griffin, OI Topics Discussed:

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1. Definitions of intimidation, harassment, discrimination were as agreed

, upon at previous meetings and analysis format were distributed (attached).

2. A decision to change the role of B.'Kaplan from full member to advisor was made.
3. A question was raised about the groups judgements of intimidation standing up in a hearing, considering the experience and background of panel members. Discussions of panel objectives and direction of activities to determine existence of intimidation followed.

4 Brooks Griffin provided selected O! reports to each panel member for review. He then provided a description of 01 investigative effort and the details on each provided package. Based on panel review, attachmer.ts to reports may be requested.

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Commitments:

1.

Provide a list of 01 documents provided to Panel and number of copies (for the record) with specifics on enclosures of lack thereof -

8. Griffin.
2. Determine if INEL contract which procyres B. Xaplan's services addresse:

the receipt and control of confidential information - C. Poslusny.

3. Provide, if possible, a matrix of allegers and supervisors - J. Gagliardo 4 Provice detailed organizaticn chart of TUGC0 with details on responsibilities of allegers - D. Hunter.
5. Provide results of TRT follow up effort on allegations (intimidation related) addressed in OI reports - V. Noonan. ,

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6. Provide details on regional follow up on allegations addressed in O!

reports - D. Hunter.

7. Provide , hearing records, past and current (as obtained) related to intimidation. issues to be maintained in TRT office - S. Treby, C. Poslutny.
8. Develop and maintain index of materials provided to panel and/or maintained in TRT office - C. Posiusny. I

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Obtain data on turnover rate (transfer or removal) of QA/QC taf'f at Comanche Peak - J. Gagliardo, D. Hunter.

10 Follow-up with OI, Region IV on release of an OI report to ASLB -

J. Axelrad.

11. Expedite copy of OI Report 48-4-025 and expedite completion of outstanding investigations concerning intimidation for panel consideration - 8. Griffin.
12. Provide TUGC0 report relative to intimidatio'n' o'f Q5 inspectors -
8. Griffin.
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Next Meeting

  • The~next scheduled meeting will be held on December 21 at 8:30 am, Room P412, Phillips Building. ,, .

Activities will include:

1. Discussions of further review of 0! reports.
2. Discussions of panel follow-up actions.

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DEFINITION OF INTIMIDATION, HARASSMENT AND DISCRIMINATION Intimidation or Harassment: Incidents, statements or other actions that are reasonable likely to influence employees to refrain from performing safety-related work in accordance with requirements or identifying or '

reporting quality discrepancies or safety problems. In determining whether the incident, statement or actions was reasonably likely to influence employees, a number of factors will be considered including: 1) the nature of the statement or action; 2) the intent of the person making the statement or taking the action; 3) the perception of the recipient of the statement or

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action; and 4) the positions of and relationship between the person making the -

statement or taking the action and the recipient.

4.

Discrimination: The showing of prejudice in the treatment of employees for performing safety-related work or reporting quality discrepancies or safety problems to their management or to the NRC- .

The showing of prejudice may include adverse actions such as discharge or other actions that relate to the terms, conditions, and privileges of employment.

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FORMAT FOR ANALYSIS OF INTIMIDATION AND DISCRIMINATION AT COMANCHE PEAX

1. Description of the intimidation /discrimi a+ ion incident including:

a) Na:ne, position and duties of person subject to intimidation; c) Name, position and duties of person alleged to have intimidated; c) Names and positions of other persons either subject to or involved in the incident; d) Area of work involved - welding, coatings, etc.;

e) Date and place of incident f) th6 r.ature of the statement or action; g) the intent of the person naking the statement of taking the action; h) the perception of the recipient of the statement or action; and

1) the posittens of dr.d relationship between the person making the statement or taking the action'and the recipient.
3. The effect of the sta,terent on the re:ipfect including any specific failures to report safety problems and the basis for the conclusion that the affect occurred
4. Refere'nce to documents where incident is described such as Investigation Reports, deposition,hearingtranscripts,etc.(title, dated,pages).

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_g. ED0i.l9l 8

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neu.g\ UN11R STATES

[ . NUCLEAR REGULATORY COMMISSION 3 r! wAsHmGTfW, D. C. 20S65

, , DEC 2 4 W .

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h MEMORANDUM FOR: Those on Atte.:. bed List \

FROM: William J. Dirc6>

Executive Direct r for Operations

SUBJECT:

FORMATION OF PANEL TO PREPARE NRC STAFF POSITION ON COMAFCHE PEAX HEARING CONTENTION NO. 5 The staff's formal positions on the Comanche Peak facility are nearing i

completion. The ASLB Hearings, which have been in progress for three years  !

and are expected to resume in February 1985, have resolved all contentions  !

except Contention No. 5. This contention concerns the Applicants' i

adherence to QA/QC requirements and is provided as Enclosure 1. The issue of construction OA/QC at Comanche Peak is multi-faceted and is addressed, in part, by many records, documents and in testimony from various sources including the Staff, Applicants, Intervenors, and A11egers. The background

of this contention and associated records span several years. Various NRC

! offices have been involved, including Region IV, 01, NRR, OELD and IE.

To properly evaluate this contention and to prepare a comprehensive staff position. I am directing the formation of a panel composed of senior managers drawn from your offices. This panel is to be composed of the following individuals:

Edward Jordan IE (Chairperson)

Richard Vollmer, NRR Alan Herdt R-II Robert Warnick, R-III Roger Fortuna, OI

. Because of their previous association with Comanche Peak regulatory

  • activities, I am appointing the following advisors to the panel:

400 Nintt OELD lia.;u No#un, NRR ri..w Ip olito. AE00 James Gagliardo, IE Brooks Griffin, O!

Dorwin Hunter, R-IV Bruce Kaplan EG&G The advisors may occasionally be asked to assist the panel when issues involving their specific area of expertise are being considered, and I reouest your support in making them available on an "as-needed basis.

porA- p -153 garpretpn A/4

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Those on Attached List 2-The product of the Panel's effort will be a report similar to a SSER, that states clear staff conclusions regarding this Contention. Enclosure 2 provides the outline of a Charter for this Panel. As the first order of business, the Panel will develop a working Charter which shall be submitted for my approval.

The scheduled completion of the Panel's action is January 31,1985. I expect the Panel to establish its own schedule, consistent with the resumption of the hearing process. Enclosure 3 provides a proposed milestone sumary.

The Panel will work under the direction of Vincent S. Noonan, Director of Comanche Peak Project, and should provide periodic status briefings to the Director of Licensing.

l (Signed ElasiDitclar

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William J. Dircks Executive Director for Operations

Enclosures:

As stated cc: B. Hayes. OI Panel Members Panel Advisors

)istribution:

)ocket File l EDO Reading S. Treby

8. Youngblood l

T. Novak S. Bumell l

  • See attached concurrence sheets 3 C TRT :PD:TRT :DIR:DL :0 ELD :DEPDIR:NRR :DIR:NRR :EDO

, NAME :RWessman:pf*:VNoonan * :DEEisenhul :JScinto * :ECase * :HRDenton * :WJ ircks l 3 ATE 212/13/84 :12/13/84 :12/17/84 :12/17/84 :12/17/84 :12/18/84 :12Vl/84 0FFICIAL RECORD COPY

Addressees List:

Harold R. Denton, Director Office of Nuclear Reactor Regulation Richard C. DeYoung, Director Office of Inspection and Enforcement Guy H. Cunningham, III Executive Legal Director Jack Heltemes, Director Office of the Analysis and Evaluation of Operational Data James P. O'Reilly, Regional Administrator Region II James Keppler, Regional Administrator Region III Robert Martin, Regional Administrator Region IV i

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ENCLOSURE I COMANCHE PEAK CONTENTION 5*

Contention 5. The Applicants' failure to adhere to the quality assurance /

quality control provisions required by the construction permits for Comanche Peak, Units 1 and 2, and the requirements of Appendix 8 of 10 CFR Part 50, and the construction practices employed, specifically in regard to concrete work, mortar blocks, steel, fracture toughness testing, expansion joints, placement of the reactor vessel for Unit 2, welding, inspection and testing, materials used, craft labor qualifications and working conditions (as they may affect QA/QC, and training and organization of QA/QC personnel, have raised substantial questions as to the adequacy of the construction of the facility.

As a result, the Commission cannot make the findings required by 10 CFR 50.57(a) i necessary for issuance of an operating license for Comanche Peak.

(CFUR4A-ACORN 14-CASE 19JOINTContention) l

  • Reproduced from Board Order Subsequent to the Pre-hearing Conference of April 30,1980(datedJune 16, 1980)

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ENCLOS'JRE 2 .

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COMANCHE PEAK CONTENTION 5 PANEL CHARTER OBJECTIVES i

1) To make the staff determination regarding the Applicants' adherence to the QA/QC requirements described in Contention 5.
2) Provide a report to management reflecting the panel's determination.
3) Provide panel testimony before the Comanche Peak ASLB.

PURPOSE i The purpose of this Panel is to integrate the views and experience of senior NRC managers to yield a staff determination regarding Contention 5.

MEMBERSHIP Nelson Grace, IE (Chairperson)

Richard Vollmer, NRR Edward Jordan, IE Robert Warnick, R-III Alan Herdt, R-II

Roger Fortuna, OI Advisors Joe Scinto, OELD Vince Noonan, NRR Thomas Ippolito AE00 James Sagliardo. IE Brooks Griffin, OI Dorwin Hunter, R-IV Bruce Kaplan, EG&G i

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ACTION ITEMS

1) Define criteria for judging the adequacy of the Applicants' adherence to the QA/QC requirements described in Contention 5.
2) Conduct a records review. The Panel members should examine and analyze the following records,
a. CAT Report
b. CYGNA Reports
c. Hearing Records / Summary Depositions
d. OI Reports
e. Enforcement Actions -
f. SALP Reports
g. Reg. IV Inspection Reports
h. TRT Reports
1. Special Review Team Report To make the workload manageable, summaries of records or briefings to the panel by key individuals associated and familiar with the records may be requested.
3) Routinely interface with the Comanche Peak Intimidation Panel and consider input provided by that Panel.
4) For each type of records (a.-i.) the team members will prepare a summary of findings highlighting problem areas and root causes, as related to Contention #5.
5) The panel, as a body, will consider the finding summaries, briefings l provided by key NRC personnel, and other relevant information to develop the staff position on Contention #5 in the format of an SSER.
6) The panel will be required as necessary to provide both written and i oral testimony before the ASLB.

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. 1 ENCLOSURE 3 CONTENTION 5 PANEL SCHEDULE December January l Initial Panel Meeting Obtain relevant documents Document Reviews Consolidate Individual (Developed by Panel, consistent views, Develop Panel with resumption of hearings at consensus the end of January 1985)

Prepare Panel Report Report Staff Position to Management Prepare Testimony

, for ASLB l

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