ML20206H642

Partially Deleted Ltr Re Comanche Peak

ML20206H642
Person / Time
Site:	Comanche Peak
Issue date:	01/20/1987
From:	Zech L NRC COMMISSION (OCM)
To:	Asselstine, Bernthal, Roberts NRC COMMISSION (OCM)
Shared Package
ML20206H601	List: ML20206H597 ML20206H614 ML20206H619 ML20206H642
References
FOIA-87-596, FOIA-88-A-5 NUDOCS 8811230257
Download: ML20206H642 (1)

Text

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MEMORANDUM FOR: Commissibner Roberts Commissioner Asselstine Commissioner Bernthal Commissioner Carr .

FROM: Lando W. Zech, Jr. V. 1

SUBJECT:

LETTER CONCERNING COMANCHE PEAX 1

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00VtRNMENT ACCOUNTABILITY PROJECT .

.- MlOWEST OF FICE 104 EastWconeln Avenue Jainuary 5, 1988 Appleton. Wisconsin 54011 (414)730 8533 Samuel Chilk -

Secretary of the Comission U.S. Nuclear Regulatory Comir.t.ica t.;4E/1Ci.....i<- ~ O N i Washington, D.C. 20555 Appeal of FOIA 87-$9( 99- A -5 C ( f 7-S9(), i Re G" 'd /~it.-r p I

Dear Mr. Chilk,

This is an appeal pursuant to subsection a(6) of the Freedom of Information Act as amended (5 U.S.C. 552), of the actual  ;

denial of the Commission to reltrase docu3ents requested on  !

September 1, 1987 by the Goverr.nent Accountability Project. '

3 By letter dated December $, 1987, Donnie Grimalty, Director of the J1 vision of Rules and Rec:rds, Informed us ths

• Appendix F is being withheld from disclonte in their entirety or in part, pursuant to TOIA Exemption 5 ar.d 7(A), 7(D)because the withheld informa>.lon consists of interagency or intraagency records that are not available thorough discovery during litigation.

Disclosure of predecisional information would tend to inhibit the open and frank exchange of idean essential to the deliberative process. Disclousre would interfere with an enforcement proceeding because it coold reveal the scope, direction, and focus of enforconent efforts ar.d thus could pessibly allow them to take actio.i to shield potential wrongdoing or a violation of NRC requirements f rom investig&t. ora. The information consists of names of 'dividuals and other infermation the disclosure of which wou,. .eveal identities of ecnfidential sources.

We believe we are entitled to the release of the documents being withheld.

Wo expect your response to this appeal within 20 workir.g days of your receipt so that ut can determine Wether to pursue this matter further in the courts.

Thank you for your consideration of this ippeal.

Sincerely, 0 / &1d inda Bauman TOIA Coordinator

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.. FOIA RESPCNSE CONTINUATION f

Appendix r Released Records

1. Urdated SanitizedcopyofReportofInvestigation(49pages)

2. 12/3/86 Letter from A. Roisman to Judges lleck, Jordan and McCallom re: CIA report, w/ attached copy of 12/4/36 letter from Rotsman to V. Stello (4 pages) "

3. 12/11/86 Memorandum from V. Noonan to A$tB for Cemanche Peak re: '

OIA Report of Investigation (3 pages) l 4 Various Newspaper articles re: O!A Report and Comanche Peak (3pages)

5. 10/1/84- Attachment to record no. 5 Appendix C, Sanitized 9/30/85 i Employee Perfomance Appraisal of T. E. Westerman and copy of Regional Office Poli;y Guide No. 200(5),

V. Revision 0. (10pages)  :

6. 12/23/86 Memorandum from W. C. Parler to Comissioners,

Subject:

OGC Review of O!A Report concernin Region !Y Management .

Actions Relative to Comanche Peak OIA Investigation t No.86-10). (4pagas)  ;

7. 4/4/86 Memorandum from V. S. Noonan to Ccenissioners,

Subject:

Board Synopsis Comanche Peak (Scard Notification No. 86-14), w/ enclosures (7 pages)

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8. 4/14/87 Memorandum from V. Stello to Chairman Zech,

Subject:

• !mplementation of Recorrendations of Comanche Peak i Report Review Group, w/ enclosures 1 and 2 l

9. 12/4/86 Letter from E. J. Markey to Chairman Zech re: DIA Report (2pagas) 10, 1/b/87 Letter from Chainun Zech to V. Stello, Subject *0!A i Report Review - 01A File #8610' (1 page) l 11, 7/16/87 Letter from E. Lamers, Chairman of Carlile Area I Residents Assn. to Chain.an Zech (3 pages)

12. 12/10/86 Letters from L. Zech to Senator or Representative

$1mpson, Markey, Udall, Synar, Glickman, Armey, Gejdensong & Bryant re: CIA Report (8 pages) l

13. 5/12/87 Memorandum from L. Zech to V. Stello,

Subject:

'Recoeinendations Pursuant To The Comanche Peak Reports' ,

(COMLZ-87-25) (2 pages)  ;

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Appendix F ltecords Withheld in Whole or in Part

1. Undated Draft Proposed Response to Inquiry (3 pages)

h. 5

2. Undated Annotated Draf t Memorandum from Stello to the Ccewissioners re: Implementation of recommwndations of Comanche Peak Report Review Group (20 pages)

b. 5

3. 12/9/86 heorandus from V. Stello to Comissioners. Subjxt:

1

'(w/

Staff Actions Regarding)01A attachments)(12 pages Report on Comanche Peak

h. 5

4. 12/17/86 koorandum from V. Stello to Chatruen Zu h re: O!A Report Review - 0!A File 86-10, w/ enclosures (8 pages) L

h. 5  :

5. 12/18/86 koorandum frca H. Ragan to W. Parler re: Staff Reviev  ;

of 01A Report w/o attachment (2 pages) '

h. 5 6, 4/2/86 1.etter free J. K. Asselstine to 5. Connelly re: Ongoing OlA Investigation of Comnche Peak (1 page)

h. 5 ,

7. 1/27/87 Mesorandum from W. C. Parler to Comissioners. Sebject:  ;

' Release of 01A Report Concerning Region !? Management Actions Relative to Comanche Peak (OIA Investigation 11o. 86 10) (2 pages) ,

b. 5

8. 1/27/87 Annotated draf t of page 2. record 7. Appendix C l

h. 5

9. 4/14/47 koorandum from J. Murray to W. Parler, transaltting undated and unsigned draft mescrandum w/ enclosures from ,

T. Stello to L. Zech. Chm. (43 pages)  !

h. 5 l

10. l 5/14/87 Annotated copy of Memorandum from V. Stallo to '

Ch41run Zech.

Subject:

' Recomendations Pursuant to the i romanche Peak Reports, w/ draft enclosure (3 pages) i

h. 5 t

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11. 5/19/87 Memorandum from W. Parler to Chairman Zech.

Subject:

' Recommendations punuant to the Comanche Peak hport' (1page)

Ex. 5

12. 12/9/86 Memorandue. from V. Stello to Chaiman Zech,

Subject:

' Release of 01A Report on Comanche Peak" (1 page)

Ex. 5

13. 1/9/87 Letter from W. Parler 0GC. to M. Ca11ahan, OCM re:

1/6/87 meno from 5. Connelly to V. Stello (1 page)

Ex. 5

14. 1/27/87 Memorandum from W parler and V. Stello to Cosmissionen.

Subject:

' Release of CIA Report Coc.cerning Region IV Management Actions Relative to Comanche Peak (01A Investigation No. W610)' (2 pages)

Ex. 5

15. 12/8/87 Letter from M. Synab to Chairman Zech re: 0!A Report 1page)

Ex. 2 in part

16. 12/9/M Letter from D. 31tekman to thatrean lech re: 01A Report 1 page)

Ex. 2 in part

17. 12/9/M Letter from D. Arsey to Chairman Zech re: 0!A Report (1 page)

Ex. 2 in part

18. 12/9/M Letter from 5. Gejdenson ta Chairman Ze:h re: 0!A Report (1page)

Ex. 2 in part

19. 12/12/M Letter from t. Markey to Chairman tech re: 0!A Report (1page)

Ex. 2 in part

20. 5/5/07 Memorandum from Chilk to Comissioners.

Subject:

' Staff Requirements Memorasida COL.Z-47 25,' w/ attachments:

draft memoranda (4 pages)

Ex. 5 in part 21, 4/16/87 Memorandue frce tardo W. Zech to Cornissioners,

Subject:

' Agenda For Management Meeting April 16.1987'(1 pay)

Ex. 5

22. 4/17/87 Meerandum from J.ToK.Cownche

Subject:

' Response Asselstine Peakto OIAChatman Report" Zech(1 page)

Ex. 5

/

Mem)randum from L. Zech to Cossaissioners. Subjec,t(

/

23. 4/21/f7 EDO To The Consnche Peak Reports * (1 page)'Recossendatto Ex. 5 in part ,

24 5 / 1 5 / 17 Penorandum free L. Zech to Cervaissioners Asselstine.

Bernthal and Carr.

Subject:

' Recommendations Pursuant To The Cemanche Peak Report.' w/ attached 4/14/f 7 Mescrandum from V. Stello to Chaiman Zech and draft enclosure (10 pages)

Ex. 5 in part 25, 1/20/E7 Mescrandum from L. Zech to Cwaissioners. $wject:

' Letter Concernin 4 Ex. 7(A) and (0) g Comanche Peak.' w/ attachment (4 pages) 26, 8/20/E7 Letter from $. Gejdensen to L. Zech re: Stello statement

(,'. page), w/ attached 8/11/87 letter from L. Tech to Representative Gejdenson re: Stello Statement and enclosure: Stello statement of 6/11/87 (7 pages)

Ex. 2 in part j

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7. .> . ' : . . . . : . :. ;;CG../ . .; 5 P,' ; 1 - 4 0 9 7 September 1, 1987 lAEEDOM OF INFORHT100 ri:. ::::' or n:romuc. Ion t.:: pr.ocrg; ACT REQUUT l

f0D#$)~8 f h t A.Iministratien U. S . ::u:lca r Regula te r Cort.-is tion

&#hk*/Nf Washing on, D.C. 2021C l

l TO 1:HO:: IT P.AY CONCrnN .

Pu r t,ua r.: to the freedot of Inforrr.ation Act (' ]! A, 5 U.S.C. 552,) the l

Govern:. ant Accountability Project (GAP) requests copies of any and all l ogoney re:ords and inf or.T.ation, inclueing but not limited to notes, lottars, memoranda, draf ts, rainutes, diaries, logs, calenders, tapes, t ra r.s cr ipt s , s u r.c... r i e s , interview reports, procedures, instructions, l cagi..ccring oaalyses, d: swings, !iles, graphs, charts, maps, phote grephs,  ;

Cgru =cnt.s. hanc;writte.. notes, studies, data sheets, n:tebooks, books,

) tolghc..e me:Jages, coraputations, voice recordings, cc. puter runof f s, and i

c.a.y :tr.ar data ec:piir. icas, i..terim and/or final repc:ts, status reports, cad tav r.;d all other records relevant to and or generated in connection withs i 1) Mr. Ste11o,1/21/87 meno establishing CPRRG, 2) Enclosures 3-6, letters to Region IV personnel, 3) Notes of Mr. Stello's meeting with individuals involved

4) Region-wide training program and guidance plan-any contracts or work orders ,

CCoigning this task 50 Mr. Martin's 12/17/86 meno to Mr. Stello f rce Mr. Martin

4) 00C's 12/23/46 meno to the commission. These documents are ref erenced to

• 10 Mr. Ste11o's 4/14/06 meno to Mr. teck.

Thio reques includes all agency records as defined in 10 C.F.R. 9.3a(b) and the N3C y.anual, Appendix 0211, Parts 1. A.2 and A.3 (approved October 8, 1980) whether they currently exist in the NRC offieni, "working" invostigative or other files, or at any other location, including private * ,

rcsidences.

I f i.1;* records as delir.ed an 10 C.F.R. 9.3a(b)'and the NRC M1nual, supra, and covered by this request have been destroyed and/or re=oved af ter thic request, please provide all wurrounding records, including but not lioitud to a list of all records which have been or are destroyed and/or rcmoved, a description cf the action (s) taken relevant to, generated in conn-oction with and/or issued in order to implement the action (s).

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• cf 'J o v e r nme n t ecc:. .  !:;tr. ,

T:it e,t. ; .. i t ::av ; r e,wn. .. . "ale 19 blower Clinic, cal' of f o r s ossis.: :e to lecc.: r..bJic,intar:nt na' :ftirens groups and interveno:s i

in t..t  ::n:stn f o, saf ety c.t nuclear r: tr plants. .

1 W3 4:n e squesting this ,informat. ion as rcrt.or on . ongoing monitoring project of the ::.iO's ef forts to protect.public :.eotth. and _saf ety at and near .

nu cle s.: prc:essiiig plants and ran' ) active waste f acilities. '

) Fo r a t.*l  ;;:eumonts or portions that you Any due to a specifle FO!A onom;::.::., picaso. ptc. i<!e an index iten'. ring and describing the docureints or p ::i:nt. of documents withheld. The index should provide a detailed c justiti: .ti:r. of your gr: ads for cini:. .ng each exei..ption, explaining why coch exe. ption is .rolevant ,to, the deemr.ent or portion of the document withheld.

(D.C. Oir.1973), This index.i cert.'g- required l

. denied, under 4i5 U.S.

Vaughn

~9 F C97II. v. Rosen (11, 404 F.2d 820 -

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j UO loc?. f orward to your tes;wnse to this request within ten (10) working i dayo.

l Sincerely; ,

M1 u ne, ,_.n ro!A Coerdinator j .

. .;. _i Hidwest of fice .

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1 i  : h o p o r.s a cc this request sho. . -uld,b.. r.e. mailed is the Midwest Office J ', ' 1 .

i  !.04 E. Wf.sconsin AvenJe .-5. 4,' 3.

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} Applectr., Wisconsin 54911-489J. /

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Decerrber 5 . 11188 Anthony 2. Roisman. Esq.

Trial Lawyers for Public Justice .

2000 P Street. N.W. Suite 6D Washington. DC 20036 Dear Mr. Reisman Th!s is in reply to your letter of Decemtsr 4,1986, to Mr. Victor Stello, requesting the production of a recently issued report prepared by the NRC Ofdee of Inspector and Auditor relating to Region IV's activities in regard to the Comenche Peak fac!!!ty. Your request for the report and its associated attachments, drafts, depositions and documents, was made pursuant to 10 C.F.R. I 2.744. The subject report was forwarded to the Commission h} O!A on November 26, 1988 Independent of your request, the staff is reviewin[the report to decide whether. in recordanco with the Commission's Board Notification '

procedures. It should be provided to the Board and parties in the onroing r.omanche Peak 1! censing proceeding. This letter, a copy of which is being sent to the Doard and other parties in this proceeding, constitutes the staff's response to your discovery request as well as the initial discharge of the staff's Board Notidention ebligations.

i Recause of the nature of the report, approval to release the report :nd any of the associated material must be given by the Commission. In this regard, the Chairman of the NRC has directed that the Executive Director for Operations and the Olflee of the General Counsel review the report in its entirety tr.d recommend appropriate setton. Accordingly, the  !

Commission will be advised of your request so well as of the staff's views regarding its relevance. Prior to doing so. however. it will be necessary to review the report as well as the voluminous associated material to determine whether any of the contents should be withheld from doelosure to prevent any unwarranted invasion of perunal privacy, to protect ,

con $ dentis 3 sources and/or' to permit the NRC to take any toanagement actions which scay be warranted os a result of the findings of the report.  !

The staff has commenced its review and intends to proceed promptly on  ;

this matter.  :

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i tle will keep the Board and all parties advised of the staff's progress.

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o 1hw. Levas ron Pusuc jusuct RC. . l cowemuuscues l sumes 2000 P STWT, NOGMEST VASHING10N.DC. 200M (302)46 M000 g ,nonnenN ,

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NE December 4,1986 i a

l Larry Chandist BY MAND i

Oft' ice of Executive Legal Director U.S. Nuclear Regulatory Comission .

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7735 Old Georgetown Road, 9th floor Sethesda, MD 20814 l l  !

l l RE: ENC 14 SED

Dear Larry:

The enclosed letter to Victor Stello requests production l of the recent CIA report regarding QA/QC at comanche Peak and l l

Region IV's involvement. We contend that this. report is also covered by our previously filed discovery on CPRT adequacy 7 (9/22/86), including but not limited to questions 2, 9, 13, 14, i

19, and 35. According to the extension agreement you reached l  !

with my co-counsel Ms.- Garde, it is my understanding tnat you j will be providing your answers to this discovery tomorrow.

I Sincerely. .

I Anthony I anisman l A3R/by ,

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TRML LAWYERS FOR Pusuc jusTict P.C.

. CouwanameAtu w SusTE 6a 2000 P STREET. NORTHWEST ant a .

%ASHINGTON. DC 20036 .- (202)463 8600 t$4 TANT

'AtfHu,f StA ATTOrNtY esus cAeot I coatCron. twaowutNtAt WHf57.tSLOWLR roottCf a u sAaA m arr C'ncu4 w cca December 4, 1986 EAtHLitN CUMete4AfCM MCRitARY Victor Ste11o BY HAND Executive Director of Operations l' O.S. Nyclear Regulatory Commission ,

7735 Old Georgetown Road, 6th floor  :

Eethesda, MD 20814 -

RE: Texas Utilities Electric Co. (Comanche Peak)

Dkt. Nos. 50-445, 446-oL and 50-445-CPA Dear Mr. Stello Pursuant to 10 CFR 52.744 and on behalt of Citizens  !

. Association for Sound Energy (CASE), I hereby request that you l produce immediately_ the recently-completed OIA report, with all  ;

attachments, draf ts, depositions, and documents, relating to the  !

performance of Region IV in its evaluations of the Comanche Peak l Steam Electric Station. .It is my understanding that this  !

document and its attachments contain substantial evidence {

relating to the inadequacy of the quality assurance / quality control program in effect at Comanche Peak during its construction as well as informatin regarding the failure of  ;

Region IV to report or disclose these deficiencies. Inasmuch as '

the pending licensing and constrinction permit amendment  !

proceedings both involve questions of QA/QC adequacy during .

construction of Comanche Peak, and the OL proceeding involves the '

question of Region IV's performance and its implications for i i workers who felt harassment and intimidation and could not go to l j the NRC with their concerns, there can be no doubt that this j report is highly relevant to both proceedings.

Beca"use there are several motions new pending in both  !

proceedings to which this information is re;.evant, I request that 1

you release the documents no later than 4:00 p.m., Friday, ,

December 5, Failure to receive a response f rom you by then will  ;

be deemed equivalect to a denial within the meaning of $2.744(c),  ;

4 and we will proceed accordingly. You may provide your response s by telephone and make a copy of the documents available at your  !

4 offices for our pickup. If I an unavailalale at the above number, l q . please aontact my co-counsel Billie Garde at (202)232-8550.

. i Sincerely,  !

D ,,J n,n Jm ,

l 0 ( Lf G I 'f3 T 6 '

AzR/bp C/\f/

l t Anthony o h* n =m man cc service list (by mail) f.a e r ie N.anA1., ,w.. k . . .a t i

GhcEauantomidaEthw December 4, 1986 gno(# OF INFORMATm Chief, FOIA Branch ACT REQUEST Division of Rules and Records U.S. Nuclear Regulatory Commission C3() [ [ -fh.g {

Washington, D.C. 20555 (2 M d ld-4 4 To the FOI Officer:

This request is made under the federal Freedom of Information Act, 5 U.S.C. 552.

Please send me a copy of the Office of Inspector and Auditor report regarding investigative matters concerning the Comanche Peak nuclear plant near Glen Rose, Texas. The particular report I.am interested in is described in a newspaper article I have enclosed.

As you know, the- FOI Act provides that if portions of a document are exempt from release, the remainder must be segregated and disclosed.

Therefore, I will expect you to send me all nonexempt portions of the records which I have requested, and ask that you justify any de:.etions by reference to specific exemptions of the FOI Act. I reserve tha right to appeal your decision to withhold any materials.

I am prepared to pay reasonable search and duplication fees in connection with this request. However, the FOI Actprovides for waiver or reduction of fees.if disclosure could be considered as "primarily benefiting the general public. " I am a journalist employed by The Dallas Morning News, and intend to use the information I am requesting as the basis for a planned article. Therefore, I ask that you waive all search and duplication fees. If you deny this request, however, and the fees will exceed $100, please notify me of the charges before you fill my request so that I may decide whether to pay the fees or appeal your denial of my request for a waiver.

As I am making this request in the capacity of a journalist and this in formation is of timely value, I will appreciate your communicatir.g with me by telephone, rather than by mail, if you have any questions regarding this request. My telephone number in Dallas is (214) 977-e467.

Thank you for your assistance, and I will look forward to receiving your reply'within 10 business days, as required by law.

Yours truly, hD) Jks David Real Staff Writer

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not been rovided to me bers of aw, W ne ucW Regulam Cod the Ato Safety and censing about 'e c' ' ' rine('

,.I with an D- J- sfon conducted an extensive in. Board, the commluio a agency andla ed by the <..~,, vestjg tjon of the commission s off. that w1U recommend the five- ' have a H M-Ice t at oversees de Comanebe metaber commission better the Wa nei tunt' Mar. t.Ft t

Peak wer plant,andit produced a plant near Glen Rose ould receive ' worta; daddy.

y+ repor;thatplanto pocentssaycon an operating Peter Bloch, e ljce s severa) . tuna ' extremely imaging conclu censing a of the U- We noe

/ to begin board, uked for the re- ccddP 8

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, ort but bad t received a copy The tors have A. -' The are demanding that the re- Vedaesday, och sajd it is the com. C M *e rt b the cornmission's Office of mission's (ston whether to re- kf "

ob," aald Everrnan comee lo aid of Donna nrpect and Auditor be made pub- leue th eport. ten ttro Q4 Mae Ward.

cr long it Uc. D e port on the agenc 's Arl-Ington te ne allu based Citizens Assocla-najofficewude vered tjo or Sound Energy, whjeb bu M norTha g. was t on the list Wednesday at and commiss) last week t ommission roetobers ecutive Dirce ught Ucensing of the plant, uked for the report in a letter sent L gM,[

CE1 en's Medjeaj Ceoter in Dallu Chrtetm Vktor SteUo, age aajd Wednesday,

. Donna Flease see Townsfolk en Page g Wednesday h me Flesse see Nuclear en Page g to tt e ro P.O. 80s '

ent back to work,babyelta. lows her around because she drope her food.

.t he's "not re:aj good"at tiie ney're buddles ney ate and put that butter Mouy loved it, Galla gher says, and the hair.

• a night of saloon keeping, on everythlag th ey could. n ey used a bou t auproblem. wuhing seemed to have taken care of that thrt in the mortiinga." of it."

t, beyond the shadow of it was one of those plutic tubs of marga. lagher "WeD, it djdn't really take care of it," Gal- g.b.gM,e . ,,

corning. rine, actuauy. A UttJe tub of it? confessee,"because when my wife got t L4ceustat "No,"sajd Galla gher,"one of the big tubs."

bome she thought Mouy's hair looked a uttle Dusinese ,

t en the sofa. ,,I was letting otly nat's tow I got cau T1rst, Gallagher turned to cleaning the 8pcris,4 Actuau

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.in a don. Lay and greasy keepstuffherself off everything. nen, be ne)1,"! defense: y, he seems to bbt." t.Mng,l.

ye a reasonable While Brenda was dispenstag OaseMied Se time and she was just put He ba mod [to et Mouye caned up,includin cosmetjes the tub. I ust at Netman putMouy Marcus, the dog out." Food....

was d1F e

hair wash, o course, so they could to to e hair. covering a way to restore o!)y texture to dry i e butteroutof the refriger. ranch in the afternoon for a party. Cor*s . . .

ae dog bad been playingin ne function, whleb had been donated to "Mayt.e we'll have a new line " her baby N'W8 tre - au over her toys, au the KERA TV auctjon last spring. included a sitter ruggesta.

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casbatt, havingall over a ball the dog's alnl rodeo, wild west abow.cowboysin ers.a barbecue and assorted other actf vitJes, t lut. w oure.co.n cc aund g' olden retriever!fol ed about five bours. v. % sw.r gremame em en.e r

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ur Te8+snm wem not been provided to me bers of  %

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De uclear Regulatory Commis. the Atomic Safety and censing . The t i

.g ,.nh an sion conducted an extensive in- Board, the commissio s agency ' andla ed by the usug Un of the commission's off- that will recommend the five- ' how a sunt, Mar, ke at oversees the Comanche member conunission bether the Were Peal wer plant,anditproduced a plant near G!en Rose ould receive ' worka g repor that plant opponectasaycon- an opernung Uce .

deday.

s several . tains Peter Blor h, c n of the U- We not s to begin. 8 sions.

extremely damaging concha censing bond, . uked for the re- - CCdd Y

'orrhates port but had t received a copy The ters hae A. a. De are demanding that the re- Wednesday. och salditis the com. c$othes port b the commission's Office of mission's ision whether to re- W ""

nb," sald Everman comes to aid of Donna Inspec and Audjtorbe made pub- leueth eport, tan tNo ria Mae Ward, lic. ne port on the agency's Arl- ne Das bued Citizens Associa.

cr long it ington re najoffice wu deuvered tio or Sound Energy, whjch has ,,

norrhag. was last week commission members ught Ikensing of the plant, asked ChDpen's Nedjeaj Centerin Dallast ca the 11st Wednesday ecutive Direcat and forcommissi the report in a letter sent hadna Vktor Stello, age e said Wednesday. Ctrwtm

. Donna Flesse see Townsfolk es Page 2 Wednesday.

drenr.w

• Please see Nuclear en Page 3 to the ro P.O. Son -

ent back to work,babyetts. lows her around because she drops *,.'r food-it he's"not rest good"at tiie ney're buddles. ney ate and put ti A butter Mouy loved it, Gallagher says, and the hair-a alght of saloon keeping. on ever washing seemed to have taten care of that alert in the mornings." of it." ything they could. n ey used a bou t aD problem.

t, beyond the shadow og "WeD, it dJdit ready take care of it," Gaj-4,gkje

., e.

nornh, " rine,It was actuaDy. one of A IJttlethose tubplasue of itt tubs of marga- lagher confesses,"because when mytp,LoosF8 wife gottai "No,"saJd G alla gh er. "on e of th e Ng tu bs."

home she thought MoDy's halt looked a ljttje Bundness .

t on the sofa. .,I was letting , nat's how I got cau First, Gallagher turned to cleaning the Sp Ms.s Ugdo:ingotf a don.tayand keep stuff herself off ever etuall ye a defense: y, he seems to bht." LMng . .'.. renonable

.in r_

While Brenda was dispensing y at time and she was just greYouf put He ha to in the tub.ything.

I just put the dog out." nen, cosmedesbe sey: "I at NeLnanMarcus, Wouy was dis-osse #ded Food.,..

a halt wash, of et Mouy clea ned up,includj covering a way to restore ouy textura to dry l course, so they could go to e hair. Ccde.\ .

e butterout of the refriger ranch in the afternoon for a party.

'Je dog had been playingin ne funetlon, whkb had been dot.sted to *Maybe we'll have a new line" her baby U n *1888 -

- tre - aD over her toys, aD the KERA.TV aucuon last spring, included a sitter suggesta. , OMa%s, her washair, havingaD aoverball.the dog's salal rodeo, wild west ahow, cowboy singers, o ,,,aecon.cc. m aae gg Jund g' olden retrievertfol ed about rive hours, barbecue and assorted othe r activities. It tut- se m mene,s sw rwe,r wese awnsevder m Loca# en cow PseeWom = . . M, n seiser,se re. g r .

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a musical dance pioduction

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as Dwp Ellum Blues, a doesn,t he sawm I

@.M classy Dallas Bl ck Dance mrd? It's 12 Top a mw fodicW a:

The:ter event this weekend Reijm Am F, otuowrm at the Majestic Theater. ~

- Morning aus:m

.s charge VA NUCIear agency .

Tahy s k

ddocuments portant records.

report sought e=**

" ne fint Mtness,Vivien Drake, Continued from Page 1 Offkials of Teus Utilities Dec.

denI a secretary at the agency's Wash. De group asked the Ucensing tric Co., the major owner of the samasw rnony ington headquarters.sald she wu board to obtain and release the re- plant, said in June 1985 that their san a.r a .+

bthe directed by Mkhael Dunup, a su- port, whjch it uld "deals with se- own concerns about the plant were ^^'*

G la pervisor at the agency, to purge rious defieleneles in the QA/QC such that they would not, at that -i eacts filesin his of flee. But she said she (quality assurance / quality controD point, start it up even if they had a thern had not been told todispose of any program at Comanche Peak and ucense to do so. De plant is under* sw.mir.

veter partjeuh r fues not look for poten, with serious problems Mth over. going an extensive reinspectjon, tiaUy embarrusing records as sight of the plant by the Region IV and sotne cotopleted construction it:nd part of a coverup. offke." work hu been ripped out and re-1reat- ne RegionIVoffleein Ar!1ngton done. ""'"5 atjon, ne second Miness, Barry Bos-sg to kowitz,a staff consultant on field covers nuclear power plants in 14 states.

De report !s not the first sign of trouble in the Region IV offke. N'['"

e.,u n ithat operations at the Washington Assoetation counsel Tony Rots. I.ast March,the com mi"ion's Off- na from headquarters, said be had no dj- man, who signed the letter, sajd his ke of Inspector and Auditor sajd e.m voo.. e

sinst rect knowledge that documents organintion fears the commt"ton's that the Arlington offke had not "'***

I were disposed of after the veter-d by ans were granted authority by Pa-staff "may be sitting on this report, ' respot,d ed properly to allegatjons of perhaps . . . hoping . . . to modify its harassment of Comanche Peak in-Q.

m,,,,w.

! mves- tel on June 2$ to obtain docu- . extremely damaging conclusions." spectors- ta. w posus VA menu in the agency's fue Rolsman said the associatjon on Joe Fouchard, the commidon's aswa e relevant Lo their lawsuit. Dursday would officially request chjef spokesman in Washington, v1 w po m ds But be sajd that afterhe told his the report frorn SteDo,wbo received saidFnerels anOfIke ofInspector ***"

esses superiors at that time that contin, a copy of it last week. and Auditor report on investigative

/and ued shredding ' of documents "It is my understanding that the matters relating to Comanche Peak. ,

g from might be IUegal, he was ignored, dccument and its attachments con- It is before the commiWo and Stel- p 8" their and a co worker told him the uln substa ntiaj evidence rela ting to lo.Beyond that,we wiU h. ave nocom- M E d be shiedding wenton after the agen. theinadequacy of the qualjty assur. ment." m Irgal ey had received the request for ance/ quality control progra tn in et. Region IV Director Bob Martin W i their dccuments. fect at Comanche Peak during its hu not seen the report and could construction,as weu u tnfermation not comment on its contenu Dunlap testified that be had au- regarding the fa11ure of RegionIVto Wednesday, uld Gary Sanborn, re. N sday, s Ad. thorued disposaj of the docu- report or disclose these defklen. gional sta te llaison of fk e r in th e Arl-su pe. tnents before receiving the s eter- cles," Rotsman wrote. tagton offke.

ea he ans' request. Comanche Peak is nine years be- Lawrence Chandler, who repre-e d> Under quesuoning by Patel, hind lu origina'l sc h ed ule a nd is cost. sents the commissionin the Coman-ed in Bcekowiu said be subsequently ing 87.7 billion,10 times its original ehe Peak tjeensing process,sajd the told a superior that he was con- budget. ne Atomic Safety and !} commission staff will decide y Our doc

• cerned that two folders relevant censing Board has been critkal of whether the report is pertinent to l says to the lawsuit had not been pro- the plant's design and construction, the Comanche Peak ikensing pro- fun art, l graen vided bythe VA toplaintiffain the and some investment offklals have cess and therefore whether it non.Cornff talm cue. begun to voke doubu that the huge should be distributed to the Ucen&

waW plant will ever bv Ucensed. tag board and other partfes.

tors fight proposed parole Page1 t back to Tarnnt days off for each day served. In lir?3, Paprskar pleaded guilty to killfag the Itarreu Anderson had received credit for 45 Ramire brothers and wu given two20 year sen.

trole review this years and three months when he was released. tences. Itis swood hearing wu moved to lious.

M$3

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Wut SCCorv lie wu la prison about 16 years, ton beca use of in tense pu blicity 3 Tarrant Coun- g e b formauy pro- .II,e kdge who tried several of the cues and ty.

a top offktal was the graadmother of the +yearold said they were Paprskar wu ref eued from the TeIn Depart-il have a effeet diu ppointed that au four k1Ders may be releued ment of Corrections Aug. 4,1980.

An erson s from prison by the end of the year.

d cf being the one g _I Dy8D[0I N,, wga ,u ow in the siayin" ~ ; was senteneed to two 2Syear - '-

sectsnees. L . ans narnfed in Tehruary Hr7.% L_

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Nuclear Information and Resource Service 1616 P Street, N.W., Suite 160, Washington, D.C. 20036 (202) 328-0002 December 5, 1986 .

Donnie Grimsley ' FREEDOM OF INFORMADON Division of Rules and Records ES -

Office of Administration '

CO fi ftEQ)y.Tggp A-y US Nuclear Regulatory Commission Washington, DC 20555 MbS ~

FREEDOM OF INFORMATION ACT REOUEST

Dear Mr. Grimsley,

Pursuant to the Freedom of Information Act, 5 U.S.C. 522, as amended, and 10 CFR 9.8 of the Commission's regulations, the Nuclear Information and Resource Service requests the following d ocumen t the office of Inspector and Auditor (OIA) report on the OIA investigation into NRC Region IV. The report, approximately 4,000 pages, was submitted to the NRC Commissioners and the Executive Director of Operations, Victor Stello, on November 28, 1986.

In your response, please provide a list of offices to which this request was forwarded.

In our opinion, it is appropriate in this case for you to waive search charges, pursuant to 5 U.S.C. 522 (a) (4) (A) "because furnishing the information can be considered as primarily benefiting the general public." The Nuclear Information and Resource Service is a non-profit organization serving local organizat. ions concerned about nuclear power and provides information to the general public, members of Congress, State and local of'ficf.als .

If you have any questions about the nature of this request, please contact me by phone at 32o-0002. We look forward to your prompt reply.

Sincerely,g, u -

l Stephanie Mur hy f,g j ,

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NINETYNINTH CONGRESS E!!l.T. jl Congress of the mited $tates Mg #

.. Stause of Rtprtsentatfots ENVIRONMENT, ENERGY AND NATURAL RESOURCES SUBCOMMITTEE -

OF THE j

COMMITTEE ON GOVEANMENT OPERATIONS RAYtuRN HOUSE OFFICE tutLDING. ROOW B-371-4-C WASHINGTON, DC 20515 December 8, 1986 Honorable Lando W. Zech, Jr.

Chairman U.S. Nuclear Regula. tory Commission

. 1717 H Street, N.W.

Washington, D.C. 20555

Dear Commissioner Zech:

It has come to my attention that the Nuclear Regulatory Commissioner's Office of Inspector and Auditor has completed a report on the operations of the NRC Region IV Office. As you are aware, the Subcommittee has oversight responsibilities with regard to NRC and recently dealt with the Region IV Office in connection with the investigation of the accident that occurred January 4, 1986 at the Sequoyah Fuels uranium conversion plant in Oklahoma.

The Subcommittee would like to obtain a c6py of the report on the Region IV Office. I appreciate your prompt attention to this matter. .

Sincerely, MIKE SYN Chairman

, MS/1s I

'DiD DAN GLICKMAN ,

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• December 9, 1986 The Honorable Lando W. Zech, Jr.

Chairman

') . S . Nuclear Regulatory Commission ria s hi ng ton , D.C. 20555 Dear Chairman Zecht It is my understanding that the Commission's Office of '

Inspector and Auditor recently sent to the Commissionerd a report on the operations of the agency's Region IV office. This report allegedly documents serious deficiencies in Region IV's implementation of its regulatory responsibilities.

Because of my ongoing interest in the safe operation of the Wolf Creek Generating Station, located in Regi.on IV, I am requesting a copy of that report. I would apprecia timely response to this request.

ith !Lest r .ards Dar lickm.

l Member of onoress l

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. Gongress of fli c %nitch jstates 3(ouse of pepresentatiuce 5asljington, pC 20515 December 9, 1986 Honorhble Lando W. Zech Chairman, Nuclear Regulatory Commission 1717 H Street NW Washington, D.C. 20555

Dear Mr. Chairman,

This letter is to recuest a cooy of your Commi.ssion's 0.I.A.

report regarding problems at Comanche Peak, Region IV at the office in Arlington, Texas.

Arlington is in my congressional district, and there have been stories in the local press that have caused some concern among my constituents. Please be assured that I will not release any inform-ation regarding personnel at that office, but simnly want to be kept apprised of developments there.

Thank you for.your timely consideration. . .

Best personal regards.

Since ly, t

CK ARMEY, Member of Congress DA/ewg h

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CONGRESS OF THE UNITED STATES " " ' "

a o,.v , HOUSE OF REPRESENTATIVES c=eacme WASHINGTON. D.C. 20515 roarsoN r December 9, 1986 ""

Chairman Lando W. Zech, Jr.

United States Nuclear Regulatory Commission Washington D.C. 20555

Dear Chairman Zech:

As you know, I am extremely interested in the operations of the Office of Inspector and Auditor (OIA) at the Nuclear Regulatory Commission (NRC). Recently I learned of the existence of en OIA report concerning possible criminal wrongdoing by NRC Region IV personnel relating to the Comanche Peak nuclear plant. I would like to investigate this matter further and I respectfully request that you provide me with a copy of the OIA report on Region IV and all other relevant documents.

Thank you for your cooperation.

in erely, IAM GE . ON Memb Congress 1

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December 12, 1986 The Honorable Lando W. Zech, Jr.

Chairman U.S. Nuclear Regulatory Commission 1717 B Street, N. W.

. Washington, D.C. 20555

Dear Chairman Zech:

Thank you for providing the Subcommittee with the Office of Inspector and Auditor's Report of Investigation on A11ecations g.1 Misconduct b.y Recion ly M3nacement yl.th Respect 1211.1 Comanche Peak Steam Electric Station. I have two comments on this report.

One, I think this report is ref reshing in its candor and thoroughness. Seconde I hope that the Commission pursues all of the allegations raised by NRC employees and takes necessary action to correct the crippling deficiencies in the Region IV management.

In order to enable the Subcommittee to comprehend the full extent of these allegations, please provide 'the Subcommittee with the following documents:

1. All of the Attachments, A-PP, listed at the end of this CIA report.

2. All draf t copies of this CIA report in chronological order.

3. All comments on this CIA report which have been submitted as part of the preparation of the drafts.

4. All draf t copies of any OIA report which has been based, at least in part, on the documents covered by fl.  :

Please provide these documents to the Subcommittee no later than close of business on December 17, 1986.

Your attention to this matter is appreciated.

Sincerely, p /

77/ch/(ph/Og) (f f ) Edward J. Mark y Chairman

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SUBJECT:

STAFF REQUIREMENTS MEMORANDA -

COMLZ-87-25 Attached for your review are draft memoranda on COMLZ-87-75.

The memoranda will be revised as necessary to reflect any additional Commissioners' votes /or comments (and results of the Commission management meeting on May 5, if necessary).

Please provide any comments by c.o.b. May 7, 1987 unless we hear to the contrary the GRM will be released on May 8, 1987.

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August 20, 1987 Lan,do W. Zech, Jr.

Chairman U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Dear Mr. Chairman:

Thank you for forwarding Mr. Ste11o's statement regarding the June 11, 1987 hearing of the Subcommittse on General Oversight and Investigations. I would be internsted in knowing whether Mr. Ste11o's statement represents the position of the NRC.

1, Sincerely,

.4 24W am Gejde Chairma -

Subcommittee on General Oversight and Investigations i

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. August 11, 1987 CMAtAtaAN The Honorable San Gejdenson, Chairman Subcommittee on General Oversight .

' and Investigations Comm!ttee on Interior and Insular Af f airs United States House of Representatives Washington DC 20515

Dear Mr. Chairman:

As you requested I 'am forwarding Mr. Stello's statement for the 11, 1987.

record of the hearing held by your Subcommittee on Jane Sincerely, ,

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Lando W. Ze . J r.h

Enclosure:

As stated cc: Rep. Denny Smith l

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k..../ August 11, 1987 The Honorable Sam Gejdenson, Chainnan Subcomittee on General Oversight anc Investigations Comittee on Interior and Insular Affairs United States House of Representatives Washington 0.C. 20515 ,

Dear Mr. Chainnan:

! am appreciative of the opportunity you have offered me to provide a statement for the. record of the hearing held by yot r Subcomittee on June 11, 1987. I have attached for your convenience as enclosures an expansion of my coments in several key areas.

The principal issue of discussion at the hearing regarded fire protection.

The coments of members of the Subcomittee were focused on whethe In my placed the economic costs to Itcensees over safety requirements.

experience and opiniod, and I believe the facts support me, this was not the case. The question was whether the Guidelines promulgated by staff as a result of the fire at Brown's Farry, and later the 1980 rule adopted by the Comission could be clearly inter >reted and applied by both licensees and NRC staff. Arple evidence exists that they were not clear The and Court were being in of Appeals interpre'ted by various parties in varfod ways.

upholding the rule in their 1982 decision understood this po Unfortunately, while on providing exemptions to the rule where necessary.  :

that approach was in use, 234 exeuptions were issued as a result of 588 exemption requests. That number of exemptions amply illustrated a continuing lack of clarity in the rule. By early 1984 it was clear.that implementation '

of the rule would require an even larger number of exemptions to be process.W. The l

! A NRC steering comittee was finally appointed to resolve the issue.

entire matter was addressed entirely in the open, including public noticing of workshops held with the industry. '  !

The Subconsittet also questioned the Comission on certain actions by This issue has been Region !Y in regard to the Comanche Peak Nuclear Plant.As a result of an O!A  ;

' extensively reviewed by me and by the Comission. ,

rtport *vhich investigated the issue, ! estabitshed a Review Group to review the encire matter. One inspector and his Nnagement handled matters between The report of the Review them in a manner which led to a confrontation. The Group resolved any concerns over safety issues at Comanche Peak. '

Comission, in a separate but related action, created a study group to '

reexamine the agency's Regional structure. This study group recomended that Region IV be strengthened and reorganized to be more like Regions I, !! and

!!L. This reorganization has been started by assigning four new managers from NRC Headquarters. -

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1 During the second portion of the Hearing, the Subcoesnittee addrds propriety and effectiveness of the issuance of a policy stateme to a rvle, in addressing the use of drugs and alcohol by nuclear power pe rsonnel . I and the staff prefer generally to regulate by means o rather than policy statements.

what is required of the licensee, and provide legal authority for the imposition of sanctions, including civil penalties, in the event of violatio However, in the case of fitness for duty, the Comission chose to allow the industry some time - 18 months - to demonstrate the effectiveness of its ow program, recognizing that the area is not (Had the one in wh being put in place than a Connission rule might accomplish.

Comission passed a rule, I believe it Ilkely that'it would have been subjec to a couit challenge, c circumstance that might well h action).

to take enforcement action in the event of licensee actions which jeopa The failure of a licensee to adequately address any use safety at a plant.

of drugs and alcohol which could impair the safety of a plantItcan is and w subject to the enforceient action necessary to correct the probles.

our belief that the nuclear industry is well ahead of other industrial groups in dealing firmly with drug and alcohol abuse matters.

During' the second portion of the hearing, the Sub Plant. As a result of this investigation, the licensee was fined $300,000 a the Shif t Supervisor was removed from licensed activities.

- which the Comission has reviewed, but has not been publicly released - s by itself as a legitimate analysis As of the legal a safety suff~fciency rJtter, our concernofwasthenot report so as a basis for enforcerent action.

much with the premature criticalf t" which the O! report addressed, but with the related matter of the procedures for manipulation of control rods.

The hearing concluded with some statements concerning employment re on individuals rernoved from licensed activities and interpretation This of is the NRC's preposed rule on completeness and accuracy of inforeation.

addressed in enclosure 6 to this letter.

I will be happy to I appreciate the opportunity to coment on these matters.

clarify any further matters you may desire me to address.

Sincerely,

/

YctorStetid, l f.

Executive Ofrector for Operations Enctnsures:

1. Fire Protection Fire Protection Chronology 2.

3. Fire Protection Occument Sumary 4 Fitness for Duty.

5. Fermi !!

6. Emplopot Restrictions on Individuals & the Proposed Rule on Completeness and Accuracy of Inforv.ation

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PAGE 1 I 1725 ACE  !

2 ACE-TEDERAL 3 .. ,

4 oversight Nearing on U.S. MUCLEAR 5 REGULATORY COMMISSION 6 TMURSDAY, JUNE 11, 1987 . . , , ,

- . ...o . -

7 U.S. Nouse of Representatives -

8 Subcommittee on General 9 oversight and Investigations 10 Committe* on Interior and Insular Affairs 11 Washington, D. C.

12 13 C

15 The subcommittee met at 9:15 a,s. in Room 1324 of the 16 Longworth House office Building, the Honorable Sam 17 Gajdenson, chairman of the subcommittee, presiding.

18 Present Representatives Gejdenson, Miller, Smith, Hans 19 and DaTazio.

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3668 That is compliance. Mot mediation. Not further revisiting e

( 3669 vital standards.

3670 What I fear here is that we will be sitting tragically '

3671 before a much latger crows' here some day revisiting this' 3672 issue because we are goias to have another tragic fire whic '

3673 is going to disable the shutdown equipment or it is going 4 3674 disable the backup aguipment or whatever. Any compromise.r 3675 those areas is a violation of the pub 1io trust.

3676 I think the preponderance of evidence here leads us t<

3677 believe that we accommodated the industry: we didn't 3678 regulate them. You can differ on that, but with that I wil.

3679 yield back to the Chairman. ,

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3680 Mr. 3ECH. May I say something, just very briefly?

3681 I respect Mr. Derazio's views, but thera are other vi 3682 on the Commission. There are those of us who feel that Mr.

3683 Stallo is an outstanding public servant who is given very 3684 great responsibilities, who shows all the integrity and f 3685 honesty that he can possibly muster, who is called upon i

3686 daily to referee between the various parts of the staff on 3687 differing professional opinions.

3683 And I, for one, have great confideace in his ability.

3629 would like, Mr. Chairman, if I may, since his name has bee 3690 htought up so much in this, as I earlier indicated, to all 3691 him the opportunity to add to the record with a statement 3692 respond to some of these things that have been talked abot I

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l FAGE 1'53 MAME: MII162030 3693 and to complete the record.

( 3694 I think ha deserves that, and I would respectfully returj 3695 that. ,

f N 3696 Mr. GEJDEM50X. We would be happy to take a statement i

3697 concurred in by the chairman from Mr. stello for the record 3698 _

to the committee. _

3699 Mr. GEJDEM50X. We would be pleased to do that. Thank yo-3700 sir.

I 3701 (Information to be furnished.1 3702 Mr. GEJDEM50M. Just one final guastion and I will 1at y ;

3703 guys hav4 lunch, 3704 Does TVA comply with safety regulations?

3705 .

Mr. ZECH. Yes. Everyone does.

3706 Mr. ASSEL5 TIME. They are supposed to. I think it is one

- 3707 the great ironies of all of this that some 12 years after 3708 the Browns Terry fire, the Br, owns Terry plants are one of 3709 the Plants that are farthest behind in finally addressing 3710 fire protection problems and coming into compliance with our 3711 regulations. They are one of the laggards.

3712 Mr. GEJDEM50M. Let me thank all of you for the time yot 3713 have given us here today.

3714 I would like to say a couple of things. There are proba 3715 not five individuals in this country that have a greater 3716 impact on the health and safety of the citizenry. I .

3717 understand that 2he transitions from other roles we have had L

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• Of COMLZ-87-25 NEMORANDUM FOR: Comissioner Roberts Comissioner Asselstine Comissioner Bernthal -

o Comissioner Carr FROM: Lando W. Zech, Jr. A+1Lo W . N SUBJEC1: V:0MMEhD.tTIONS OF THE EXECUTIVE DIRECTOR (EDO)

.URSUANT TO THE COMANCHE PEAX REPORTS On November 26, 1986, the Office of Inspector and Auditor issued a report of investigation concerning allegations at Comanche Peak. The EDO, with our concurrence, established a review group to advise E00 concernin the report's conclusions. This group reported to the EDO on March 17, 987.

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