ML20211A365

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Requests Response to Listed Questions Re Reportability of Wrongdoing to NRC
ML20211A365
Person / Time
Issue date: 12/10/1984
From: Hayes B
NRC OFFICE OF INVESTIGATIONS (OI)
To: Plaine H
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
Shared Package
ML20211A287 List:
References
FOIA-85-161 NUDOCS 8606110146
Download: ML20211A365 (1)


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L iste 10 W MEMORANDUM FOR:

Herzel H. E. Plaine, General Counsel FROM:

Ben B. Hayes, Director Office'of Investigations SUEJECT:

REPORTABILITY OF WRONGDOING TO NRC During the course of a recent evaluation of a licensee's investigative program 01 encountered instances where matters of wrongdoing were identified and investigated by the licensee, but not NRC.

intimidation of QC personnel harassment by senior managers,, and drug use and sale on site. record investigative personnel informed 01 representatives that a licensee Licensee report such matters to NRC, and 2) not to report such the licensee has since modified their position to permit notification of Although NRC when an investigation of wrongdoing is initiated by their staff they apparently continue to dispute the existence of any formal re requirement.

As this matter has implications that transcend this one utility, it is important for us to resolve this issue.

have the following questions:

Consequently, we I)

Is there an explicit NRC requirement to report matters of wrongdoing such as those noted above to the NRC?

2)

Absent any explicit requirement, is there a basis to establish an implicit requirement?

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3) license rather than a permit?Is the requirement affected by wh

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4)

Would~ma'terials licensees be bound by these same requirements?

5) these types of reports?Would the current NRC Board Notification w

If so, would failure to report via a BN be in itself a matter of wrongdoing within the jurisdiction r

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As this matter is continuing to arise as we expand our investigative efforts in this area, we would appreciate'an answer to these questions O

as quickly as possible.

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March 7, 1985 MEMORANDUM FOR: Thomas Rehm. Assistant for Operations Office of the Executive Director for Operations ggy FROM:

Ben B. Hayes, Director /S/ James Vorse For Office of Investigations

SUBJECT:

RESPONSES TO CONGRESSMEN SLATTERY AND GLICKMAN Attached is the Office of Investigations' position regarding subject response.

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Attachment:

As stated Distribution:

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/DI s/f FAC Wolf Creek 01 c/f DW/ FILES /Cong/ Wolf Creek 3/7/85 - Faxed to:

T. Rehm, EDO R. Denise, RIV R. Herr, 01:RIV W

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Surname: J\\orse:dl B

Date 3/07/85 3/07/85 1 NAN v. NRC No. 85-4404

ATTACHMENT

-i You also asked about the status of items assigned to the Office of Investiga-tions(01). Although you express particular concern about investigations or inquiries with respect to missing, false, or erroneous records, we have in-cluded as Attachment 1 a table depicting OI's entire Wolf Creek case inventory as of March 6, 1985. Unless otherwise indicated in Attachment 1. OI efforts to date have essentially consisted of an initial interview of the person or persons making the allegation and/or an analysis of the allegation for pur-I poses of establishing an investigative plan. These investigations have not been actively pursued at this time due to a staff shortage.

Please note that possible disclosure of potentially sensitive investigatory information in Attachment 1 of those investigations that are not complete could compromise the outcome. Therefore, it is requested by the Office of i

Investigations that this information not be made available to the public.

Attachment:

As stated 9

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' ATTACHMENT 1 Status of Wolf Creek Investigations Title / Number Date Opened Efforts / ECD Alleged Falsification of 04/12/84 Field work by 01 commenced Inspection Records and week of 3/4/85.

RIV has Intimidation of QC perfomed a technical Inspectors review. Pertinent records are reportedly not safety-(4-84-026) related. ECD of field work:

April 1985.

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Alleged Falsification of 09/28/84 Closed 1/30/85:

Report i

Personnel Records by KG&E provided NRC Region IV.

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Company Employees (Q4-84-042)

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Alleged Reprisals Against 10/22/84 Closed 1/29/85:

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a Former Employee for provided NRC Region IV.

j Identifying Safety Issues (Q4-84-048)

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Alleged Falsification of 11/19/84 Field work by 01 commenced a Welding Record week of 3/4/85. ECD of (Q4-84-052) field work: March 1985.

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J Alleged Missing Weld 11/19/84 100% reinspection reportedly

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Records conducted by KG&E.

Field

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(Q4-84-053) work by 01 commenced week of

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3/4/85.

ECD of field work:

l Unknown.

l Alleged Improper Activity 01/11/85 Field work completed and Re: Quality First/QA report being typed. ECD of Programs and Questionable report: March 1985.

1 Management Integrity (Q4-85-001)

NOT FOR PUBLIC RELEASE

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UNITE D sT ATEs l LEAR REGULATORY COMMIS, I

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The Honorable Jim Slattery United States House of Representatives Washington, D.C. 20515

Dear Congressman Slattery:

This is in response to your letter of February 8,1985, to Chairman Palladino requesting additional information on structural steel welding at the Wolf Creek Generating Station. This information is provided as Enclosure I of this letter, including all references.

You also asked about the status of items assigned to the Office of f

Investigations (01). Although you express particular concern about j

t investigations or inquiries with respect to missing, false, or erroneous records, we have included as Enclosure II a table depicting OIts entire Wolf Creek case inventory as of February 1, 1985. 01 has not been able to pursue most of these matters in a timely fashion due to lack of resources.

Thus, unless otherwise indicated in Enclosure II, OI efforts to date have essentially consisted of an initial interview of the person or persons making the allegation and/or an analysis of the allegation for purposes of The NRC technical staff has evaluated the estabitshing an investigative plan.

safety aspects of missing and potentially falsified welding records, and has resolved the safety aspects of these issues, as. indicated in Enclosure I.

Sincerely.

William J. Dircks Executive Director for Operations

Enclosures:

As stated i

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