ML20207L312

Partial Response to FOIA Request for Info Re BNL Investigations Into Ee Kent Allegations.Forwards Documents Listed in App C.Addl Records Currently Under Review for Releasability Determination

ML20207L312
Person / Time
Issue date:	01/08/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20207L315	List: ML20207L312 ML20207L326
References
FOIA-85-213 NUDOCS 8701120082
Download: ML20207L312 (2)

Text

U.S. NUCLEAR REIULATORY COMMISSCN Nac roatoutST NUMBERISI g#%A. Q ,<

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FOIA-85-213 useo~st yv E f1 I RESPONSE TO FREEDOM OF I "*" U""

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INFORMATION ACT (FOIA) REQUEST JAN 8 1987 DOCKET NUM8ERtS) (# eppecaedel REQUESTER g

Ms. Billie P. Garde PART 1.-RECORDS RELEASED OR NOT LOCATED (See checked boxes)

No agency records subsect to the request have been located.

No additional agency records subsect to the request have been located.

Agency records subject to the request that are identthed in Appendix are already available for public inspection and copying in the NRC Public Document Room, 1717 H Street, N.W., Washington DC.

Agency records subject to the request that are identified in Appendix C are being made available for pWic inspection and copying in the NRC Public Document XX Room, i7i7 H Stre.t N.W., Washington, DC, in a folder under this FOIA number and requester name.

The nonpropnetary version of the proposaHs) that you agreed to accept in a telephona conversation vnth a member of my staff is now being made avalable for public inspection and coying at the NRC Public Document Room,1717 H Street. N.W., Washington, DC, en a foHer under this FOIA number and requester name.

Enclosed is information on how you may obtain access to and the charges for copying records placed in the NRC Public Document Room,1717 H Street, N.W., Washington, DC.

Agency records subject to the request are enclosed. Any applicable charge for copies of the records provided and payment procedures are noted in the comrnents section.

Records subrect to the request have been referred to another Federal agency 6es) for review and direct response to you.

In view of NRC's response to this request, no further acnon is being taken on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certam information in the requested records is being withhold from public disclosure pursuant to the FOIA exemptions described in and for the reasons stated in Part 11, sec-tions B. C, and D. Any released portions of the documents for which only part of the record is being withheld are being made available for public inspection and copying in the NRC Public Document Room.1717 H Street, N.W., Washington. DC. in a folder under this FOIA number and requester name.

Comments Additional records subject to this request are currently undergoing review for releasability determination. As soon as that determination has been made, we will communicate with you.

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3  ; ja g m n (, ;u; 8701120082 87d109 PDR FOIA CARDE85-213 PDR NRC FORM 464 IPan it it asi

RE: F01A-85-213 APPENDIX C RECORDS BEING PLACED IN THE NRC'S PDR

1. March 22,1985 Letter to Consumers Power Co., Mr. James W. Cook, from Charles E. Norelius, re: Transmitting Brookhaven report addressing 61 allegations at Midland (3 pages) without enclosure

2. April 4,1985 Mer; for Sharon R. Connelly, 0I, from James G. Keppler, RIII, re: Alleger Suggested the NRC staff may have acted improperly during inspections at Midland (1 page) without enclosure

3. April A, 1985 Memo for three named individuals from A. Bert Davis, re:

Inspector conduct during inspections (1 page) i

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. March 22, 1985 2

Docket No. 50-329 Docket No. 50-330 Consumers Power Company ATTN: Mr. James W. Cook Vice President Midland Project 1945 West Parnall Road Jackson, MI 49201 Gentlemen:

Enclosed is a Brookhaven National Laboratory (BNL) report which addresses sixty-one allegations against the welding program at the Midland Nuclear Power

• Station. BNL separated the allegations into six categories labeled A through F which are described on Page 2 of the report. Categories A, D, and F were identified as needing further work and Categories B, C, and E were identified as being complete.

We do not endorse all of the recomendations set forth in the BNL report. Our plans for resolution of each category of allegations is set forth as follows:

, 1. Two Category A allegations (Nos.16 and 17) concern NRC inspector per-fomance and will be forwarded to the Office of Inspector and Auditor (OIA) for evaluation. ~The remaining two Category A allegations (Nos.

19 and 20) deal with employment discrimination and were forwarded to the Office of Investigations on February 20,-d985, for inclusion in their already ongoing investigation of the same matter. The Category A allega-tions are deleted from the enclosed report and will not be disclosed to the public until the completion of the ongoing investigation.

2. The four Category B allegations are complete. However, the BNL response to Allegation 42 made two recomendations for inspection (Items a. and b.)

if construction activities should resume at the Midland site. These' recomendations will be included in the Region III Midland Open Items List.

3. The twenty-six Category C allegations are considered completed by BNL; however, Region III considers additional field inspection is appropriate for Allegations 9, 10, 11, 15, 25, and 28. You are requested to address the concerns set forth in these allegations by including additional inspectioneffortintoyourConstructionCompletionProgram(CCP)and Independent Design Verification Program (IDVP) effort for verification of acceptability should construction activities resume at the Midland site.

In addition you are requested to provide this office with any infonnation to show that relief from the requirements of AWSD 1.1 (as described in the BNL evaluation of Allegation 13) was granted to CPCo or Bechtel for welding activities at the Midland site. .

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Consumers Power Company 2 March.22, 1985 l

4. The five Category D allegations have been identified by BNL as needing

. additional work. A review of these allegations revealed they were very general and subjective with no information that should be withheld from public disclosure. As a result, we intend to place these allegations on the Midland Open Items List for further inspection if construction activities are restarted at the Midland site. The CPCo CCP and IDVP *

, should also be able to determine the validity of these concerns.

5. The seventeen Category E allegations were identified by BNL as not site specific or too general and do not warrant further action due to their vague and subjective nature. Allegations 12, 35, 38, and 45 relate to the Palisades facility and are being evaluated for additional investiga-tion. Allegations 37, 31, 47, 49, and 52 relate to the San Onofre Plant and have been fomarded to Region V for dispositioning. The allegations relating to the Palisades facility and those forwarded to Region V are deleted from the enclosed report and will be withheld from public dis-i

' closure by Region III. The remaining Category E allegations are too general and cannot be addressed due to a lack of sufficient infomation.

. These allegations will be placed on the Midland Open Item List, and efforts will be made to obtain further infomation from the alleger. _

6. The five Category F allegations were identified by BNL as needing addi- 4 tional work or investigation. A review of these allegations revealed i

that there is no information that should be withheld from public

disclosure. The licensee's IDVP and CCP programs should provide suffi- -

cient information to either confirm or deny these issues. These issues will be entered into the Midland Open Items List for followup should a restart of construction activities occur. .

You are requested'to provide this office, within thirty days from the date of this letter, a written conuitment to incorporate whatever additional inspec-tion activities are necessary into the CPCo CCP/IDVP to either confirm or resolve the allegations discussed in subpar,agraphs 3, 4 and 6 above.

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• s Consumers Power Company 3 March 22,-1985 Should you have any questions regarding this letter, please contact Mr.

W. D. Shafer of my staff. ,

Sincerely, Charles E. Norelius, Director Division of Reactor Projects

Enclosure:

As stated cc w/ enc 1:

DMB/Documenu Control Desk (RIDS)

The Honorable Charles Bechhoefer, ASLB The Honorable Jerry Harbour, ASLB The Honorable Frederick P. Cowan, ASLB William Paton, ELD Michael Miller Ronald Callen, Michigan Public Service Comission

• Myron M. Cherry Barbara Stamiris '

Mary Sinclair Wendell Marshall Colonel Steve J. Gadler (P.E.)

Howard Levin (TERA) ,.

Billie P. Garde, Government Accountability Project Lynne Bernabei, Government Accountability Project ,

Stone and Webster Michigan, Inc.

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April 4, 1985 MEMORAMDUN FOR: Sharon R. Connelly, Director, Office of Inspector and Auditor FROM:

James G. Keppler, Regional Administrator, Region III

SUBJECT:

ALLEGER SUGGESTED THE NRC STAFF MAY HAVE ACTED IMPROPERLY DURING INSPECTIONS AT MIDLAND (50-329; 50-330)

Region III contracted with Brookhaven National Laboratory to conduct inspections into certain allegations made by a Government Accountability Project witness involving the Midland Nuclear Power Station. Brookhaven Laboratory categorized the allegations and identified four allegations "to be referred to the NRC Office of Investigations (or other appropriate agency) for resolution." My Enforcement and Investigation Coordination Staff has reviewed the Brookhaven recomendations (Enclosure I) and A+-~4- d +%t tne allenatinni sua wst 4=nropesoMrt hu - uneg h ---"-at th= omaian JII.

.samM. Since t11s conduct was not directed toward any specific members of the staff and appears generic in nature, we have directed each of our technical divisions to reemphasize regional policy on inspection practices and handling of allegations during divisional meetings (Enclosure 2). Accordingly, I am forwarding this to you for your information. Based on the actions we have taken, we are not requesting or suggesting any action on your part; however, we will cooperate with you if you should determine that action on your part is appropriate. I am also forwarding a co Brookhaven Inspection Report (Enclosure 3)py of the publicly available Mr. Charles H. Weil, Region III Investigation and Compliance Specialist, is the Region III point of contact in this matter. Should you or your staff have any questions, please feel free to contact Mr. Weil at FTS 388-5535.

bM James G. Keppler Regional Administrator

Enclosures:

As stated

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