ML20206F643
| ML20206F643 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 01/31/1986 |
| From: | Carpenter T GOVERNMENT ACCOUNTABILITY PROJECT |
| To: | Asselstine J, Palladino N, Zech L NRC COMMISSION (OCM) |
| Shared Package | |
| ML20206F590 | List: |
| References | |
| FOIA-86-157, FOIA-86-A-44 NUDOCS 8606240543 | |
| Download: ML20206F643 (4) | |
Text
'
GOVERNMENT ACCOUNTABluTY PROJECT 1555 Connecncut Awenue N.W., Suire 202 (202)2324550 Washington. D.C. 20036 January 31, 1986 Commissioner Nunzio Palladino, Chairman Commissioner Lando Zech Commissioner James Asselstine Commissioner Frederick Bernthal Commissioner Thomas Roberts U.S. Nuclear Regulatory Commissicn Washington, D.C.
20555
Dear Commissioners:
Sixteen months ago the Government Accountability Project (GAP) provided information to the Office of Inspector and Auditor (OIA) about serious impropriety on the part of Region IV staff.
To date we have not received the report of the investigation, completed in August 1985, although we have pursued it under the Freedom of Information Act and informally with the staff.
With-out reviewing the report, and resultant corrective action or lack f
of it, GAP is unable to cooperate with the Region IV office in the investigation of worker allegations now known by the NRC.
The failure or refusal of the staff to release the report to date under FOIA'or pursuant to its litigation obligations is an unmistakable abuse of process.
We believe the agency is account-able to the public for the actions of its employees, and when those employees are in error the public has a right to know whether or not there has been any corrective action taken to ensure that there will not be any repetition of the misconduct.
Likewise, if the agency does not even recognize that certain actions are unacceptable practices, then the public also has a right to know that opinion, and to decide for themselves on the ability of the agency to regulate the nuclear industry and pro-tect the public health and safety.
In the instant case, GAP provided information to OIA about the inadequate, insensitive, and irresponsible actions of Region IV officials.
The actions we complained of stemmed from the failure on the part of the staff to respond to emergency requests for assistance by electrical quality control inspectors at the Comanche Peak nuclear power plant while they were being held, against their will, in a guarded room while plant officials searched their office and desks with security. dogs.
These 8606240543 860609 PDR FOIA GARDE 86-A-44 PDR l
Fo m % -I5 7 pgq
y e
I U.S. Nuclear Regulatory Commission January 31, 1986 Page Two inspectors had consistently complained of inadequate inspection procedures in the Safeguard Building.
The'information that GAP' provided to oIA evidenced a total, failure by the Regica IV staff and management to recognize ongoing harassment, intimidation and coercion of the electrical quality control staff, and a complete 4
disregard for the emergency nature of the inspectors' pleas for l
assistance.
1 The event, known as the "T-shirt incident," has been the i
subject of considerable attention in the hearings on harassment and intimidation before the Atomic Safety and Licensing Board, It has also been the subject of an investigation by the office ~of I
Investigations (OI) and review by the harassment and intimidation panel of EGGG experts retained by the staff to svaluate the incidents of harassment;on the Comanche Peak, site.
i our concern is that the principal individuals involved in the incident remain at Region IV in positions of authority and responsibility without reprimand or reform.
Obvicualy we cannot entrust, to a region which has demonstrated the type of poor judgment evidenced by the T-shirt incident, individuals who are risking their careers and reputations by cooperating'with the NRC.
It is our understanding that the oIA report confirms that Region IV refused to respond to cries for assistance from the quality control inspectors, and that the agency decision not.to intervene was based on information -- later proven to be erron-aous -- provided by Texas Utilities management personnel'.
Frankly, it is~our view that the attitude and action of the
~
Region IV staff in the T-shirt incident are illustrative of the regulatory attituds that existed at-the plant'for. the life of construction.
The Commission is well aware that since early 1984 a non-Region IV staff investigation has identified a myriad of problems, as well as a system-wide fe.ilure of the Comanche Pesk quality control program, of course,the problems cculd have been identified by a conscientious inspection program.,'Significantly, the NRC's regional staff years ago had contact.with and access to the whistleblowers and allegers who have now provided to the TRT the information that forms the basis-for their conclusions.
Region IV's failure to identify the massive problems is almost unexplainable.
However,.the handling of tha T-shirt incident is
. inexcusable.
4 s
e J
' 1
. - - ~..
~..
-.--- u--- F-.-..
' l
,2
I U.S. Nuclear Regulatory Commission January 31,.1986 Page Three..
Recently the EDO announced that the business of dealing with allegers and the review of their allegations would again be handled by Region IV, as opposed to the TRT.
However, we must continue to advise all workers who have information about the Comanche Peak plant (in particular about the failure of the ongoing, albeit unapproved, reinspection program and newly dis-4 covered deficiencies) not to take their concerns to the regional staff.
However, since the reputation of Region IV is already abysmal, such advice is usually not necessary.
Obviously, we are prepared to alter our view if the Commis-sion has recognized the seriousness of the misconduct and taken appropriate corrective action to reform the Region IV system and discipline those individuals involved.
We look forward to your prompt attention to this matter.
Yours truly(
/
- $OIf !
/
Khomag E Carp l enter Citizens Clinic Director cc:
Service List Congressman Edward Markey Congressman Morris Udall TEC:43202
Fort Worth, TX Star Telegram Cir. E 126.757 JM,'28 g Comanche Peak examining I
ex-foreman's allegations By BRUCE MILLAR star.Tuegram w cuer The management of Comanche "Ifind it hard to believe they (plan t opponen ts)
P P'*"*'"'
n,'t5g","n'r*m'e *e'C't scaIt re are able tojudge the substance of(the ns
- ""," 'h',',Y,"p,'O'nn '*,,'i aliega tions) when we haven'tfinished our c
pi Y'n'er*Isown & Root emproyee investigation ofthem.~
Joe Macktal told the Fort Worth
-Dick Ra msey, chiefspokesma nfor Texas Uttlitics Star TeleDram that he was forced to quit Jan.2 after he reported what he called serious sa fety deficiencies the substance of them when we ha-timidation of plant workers have in electrical work at the $5.+i billion ven't finished our investigation of been hotly contested at licensing plant near Glen Rose.
them." Ramsey said.
hearings for several years. Until re-A spokesman for the principal "It appears that what is involved cently,a separate U.S. Atomic Safe-plant owners Texas Utilities Elec basically is misunderstandings. ty and Licensing panel was investi-tric Co., said Macktal's criticisms They (Safeteaml have found noth-gating whether pressure on were. " misunderstandings" that ing that has any safety significance workerskeptthem fromdoingtheir aren't significant to plant safety.
or thatis even close to being report-jobs.
Plant opponentrcountered that able to the (Nuc! car Regulatory In November,a NuclearRegulato-Macktalhasraisedproblemsthatad-CommissionJ" Ramsey said.
ry Commission reporr concloded dress the credibility of the plant's Ramseysaidhedid not why Mack-that noT!! mare of intimidation or current $120 million reinspection talIcft his hb.
harassment has existed at the plant.
o program.
"My understanding is that he re-However, the report also contradic t.
"He is a very,very significant wit-signed, and that's a!! I know " Ram. ed utility officials by determining ness," said Billie Garde a legal rep sey said."The relationship between that several controversial incidents resentative for Government Ac him and his employer is really not were examples of intimidation.
countability Project, a public ours to discuss."
Theintimidationissuelsexpected interest group basedin Washington, Ramsey confirmed the Safeteam to be raised at hearings this year D.C.
was conducting an investigation before the U.S. Atomic Safety and "His experiences overthepast six Prompted by Macktal's allegations. Liccasing Board.ne panel's ruling He said that in such cases the name on a federaloperatinglicense is not months is one of the best windows into the company's reinspection, of the reporting individual is expected before December.
and their alleged commitment to routinely kept confidential.
In a separate plant develop nent, Ilowever, Ramsey said Macktal about 50 of the plant's 5,000 workers quality construction," said Garde. had waived his right to this confi-were ordered to stop work Jan. 8.
who represents Macktal and Citi, zens Association forSound Energy, dentiality, and so Ramsey was able neidled workersareinspectorsas-to confirm the link between Mack-signed to John Hantzel, quality as-a Dallas based plant opposition tal's allegations and the Safeteam surance leader for the plant rein-Eroup.
inquiry. He said the final report will spection.
Garde said Macktal's allegations also attack the credibility of Saf not be publicly released.
Ramsey said the inspectors were Macktal,43, of Stephenville, said ordered to stop work because of eteam, a utthty sponsored program his attorney had advised him not to questions about the written proce-
.to investigate complaints filed by answerinquiriesfromthenewsme-dures they used to conduct their in-plant employees.
dia.
spections. Ramsey said the uncer-Dick Ramsey, chief spokesman Zelma Branch,a Ifouston spokes-tainties about the procedures were for Texas Utilities, declined com man for Brown & Root confirmed detected by plant management ment on Garde'sstatements.Hecon-that MacklaTiesighed', but she said "plus observations by the (Nuc! car firmed that Macktal's allegations company personnel policies prohi-Regulatory Commission staffl."
were being investigated but said he bited her from disclosing further He predicted that the inspectors did not know what Macktal's allega details about his departure.
would go back to work early next tionswereorwhentheinvestigation "Idon't know thatfiling the viola-week. Ramsey said the work stop-would be completed.
tions had anything to do with his page would not delay the tdility's "I find it hard to believe they resignation" Branch said.
plan for completing the reinspec.
(plant opponents) are able to judge Allegations of harassmentand in-tion by late summer.
~_