ML20210J516
| ML20210J516 | |
| Person / Time | |
|---|---|
| Site: | 05000000, Perry |
| Issue date: | 03/31/1986 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Garde B GOVERNMENT ACCOUNTABILITY PROJECT |
| Shared Package | |
| ML082421065 | List: |
| References | |
| FOIA-86-126, FOIA-86-127, FOIA-86-131, FOIA-86-166, FOIA-86-201, FOIA-86-209, FOIA-86-263, FOIA-86-80, FOIA-86-82 NUDOCS 8604030474 | |
| Download: ML20210J516 (3) | |
Text
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k UNITED STATES 8
NUCLEAR REGULATORY COMMISSION h
WASHINGTON, D. C. 20066 j
k*****
MAR 31186 Ms. Billie P. Garde Government Accountability Project 1555 Connecticut Ave., N.W.
Suite 202 Washington, D.C.
20036
Dear Ms. Garde:
I received your letter of March 13, 1986, concerning the staff's actions to investigate allegations listed in the February 4,1986 petition under 10 CFR 2.206 submitted on behalf of the Western Reserve Alliance (WRA) by Mr. Schlemmer.
From my understanding of the facts, your letter is neither complete nor, wholly accurate in describing the difficulty encountered in obtaining the information from WRA and GAP.
As your letter notes, Mr. Schlemmer sent his petition to the Commission'on' February 4th.
After its receipt, the petition was referred to the staff for appropriate action in accordance with 10 CFR. -2.206.
Beca~use the petition referred to " documentation" and " affidavits" (Petition at 4 n.1, 6 6 7) that would support the allegations but that were not stibmitted with the petition, staff counsel cal!ed Mr. Schlemmer on February 10th to determine wiiether WRA intended to submit the affidavits or other documentary material referenced in the petition. Mr. Schlemmer said, that they were not intended to be submitted, but that he would have to. check with' others before he could submit the material in response to' staff counsel's request.
Staff counsel agreed to call Mr. Schlemmer in a few days to see whether the documents would be submitted.
Staff counsel called Mr. Schlemmer at GAP on February 13th and requested that he return the call.
You returned the i
call to Mr. Schlemmer.
You informed staff coun'sel that affidavits did not exist for all allegations and that most documentary material was in the form of notes or other informal records.
Nonetheless, you said that you could provide some documentary material as well as get the. NRC in contact with individuals who would have more detailed knowledge on the substance of the allegations.
Before you would provide any information however, you said you wanted the staff to identify specifically those allegations which the staff was interested in pursuing, because some allegations might not relate to matters within NRC's jurisdiction.
Staff counsel informed you that he would take your request to the staff to see if it was acceptable and that the staff would contact you again to obtain the information.
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3 NRC Region III initiated inspections related to the allegations in mid February.
While the staff recognized that GAP or WRA might provide additional information bearing on the allegations, the allegationsi provided sufficient information to perform some review of their substance.
Although you have suggested the contrary, no commitment was made by staff counsel nor am I aware of any other staff member who stated that the NRC would not begin its investigation of the allegations before receiving information or the identity of sources from WRA or GAP.
In fact such a commitment might be inconsistent with the Commission's responsibilities.
Although your letter does not note it, you participated in a telephone conference with Region III, NRR, and OELD on March 5th to discuss release of information to NRC and arranging contacts with sources of the allegations.
During the telephone conference, as described in staff counsel's letter to you of March 10, 1996, you agreed to produce written documentation in GAP's possession and to arrange interviews with persons having information bearing on the allegations.
Personal interviews were to be arranged at a convenient location near the site and initial telephonic interviews were to be arranged with persons who were no longer located near the site.
In. a :
subsequent conversation with a representative of R~egion III on March 7th, you said you would send him the written documen'tation on that day or within the next few days. Notwithstanding these agreements, neither GAP nor WRA has sent the promised documentary material to the staff.
The staff has also encountered recurring difficulties-in se'tting up interviews with the apparent sources of the allegations.
Telephone interviews of two anonymous allegers were held on March 19 and 10,1986..The first alleger had only hearsay information. The second alleger's concerns were related to matters that have already been inspected by the NRC in approximately 1983 and the results have been documented in inspection reports.
As a result, the staff informed Mr. Schlemmer that the telephone interviews had not been beneficial and that further telephone interviews should not be scheduled.
Under the circumstances, the staff does not intend to continue pursuing the allegations until we receive the documentary material in your possession or we receive some more specific description of the information, which individual allegers may be able to provide. On the basis of such information, the staff will attempt to arrange personal interviews as appropriate.
While your letter criticizes the staff for beginning its review of the allegations without first receiving information from you and suggests that the l
staff has tarried in seeking information from GAP, your letter understates one salient fact -- that the cause of any delay in obtaining more specific information concerning these allegations rests primarily with GAP and WRA, because these organizations control access to the information at issue.
If G
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your concern is primarily one for the safety of the Perry plant and you
.believe you have access to important information concerning plant safety, it -
is incumbent, upon you to provide that information to the staff.
Sincerely, Original signed 17, Victor 5t8110 Victor Stello, Jr.
Acting Executive Director for Operations cc: D. Schlanner,1EA DISTRIBUTION Stello Rehm Roe
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