ML20211P570
| ML20211P570 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 03/17/1986 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Edles G NRC OFFICE OF INSPECTOR & AUDITOR (OIA) |
| Shared Package | |
| ML20211P508 | List: |
| References | |
| NUDOCS 8607230292 | |
| Download: ML20211P570 (3) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION
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wAsumarow.o.c. zones NAR 17 39gg MEMORANDUM FOR: Gary J. Edles, Acting Director Office of Inspector and Auditor FROM:
Victor Stello, Jr. Acting Executive Director for Operations DIABLO CANYON - ALLEGATIONS OF MISCONDUCT BY
SUBJECT:
.NRC EMPLOYEES By memorandum of February 3,1986, you transmitted to me a copy of an OIA report dated October 21, 1985, dealing with six instances where Region V officials allegedly made false or misleading statements during Commission meetings regarding the licensing of Diablo Canyon.
(A complete copy of the report was not received until February 10, 1986.)
The OIA conclusions, as suinmarized in your transmittal memorandum were:
- 01A's investigation of the six alleged false or misleading statements determined that in two instances the Region V Regional Administrator failed to give a direct answer or provided inaccurate information during testimony before the Commission.
This ~ testimony concerned the applicable professional standard for Diablo Canyon welding quality control inspectors and the conduct of close-out interviews of allegers. In another instance, a Region V official provided inaccurate information to the Commission regarding the receipt of material in support of a Government Accountability Project allegation concerning hydrostatic test Although apparently not intentional, this error could records.
have been prevented by a more conscientious '. effort to verify information provided to the Commisidon.
Our investigation into the three remaining allegations determined that the Regional Administrator accurately responded to questions by the Commission concerning Region V's actions at Diablo Canyon."
I have carefully _ reviewed the entire OIA report, including the attachments.
Because of my substantial concern that the conclusions of the report were contradicted by, rather than supported by, the evidence considered by the investigator, I asked a special panel to independently review the report and appropriate course of action. is my advise me of an
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February 11, 1986, memorandum of instruction to the members of this panel, Guy Cunningham (chair),
Denwood. Ross and Clemens J.
Heltemes. is the panel's February 26, 1986, report to me.
Based upon a detailed analysis, the panel concluded that:
8607230292 860711 PDR COMMS NRCC CORRESPONDENCE PDR
j "The OIA conclusions are not supported by the evidence cited.
Our task was made difficult by the extreme lack of organisation in the OIA analysis.
Nevertheless, we conclude that there is no evidence of false statements or any attempt to intentionally '
mislead the Commission, although we did find that the Region V policy of closing out issues with allegers when practical was overstated.
The latter instance was in a narrow context, was spontaneous, and involved an ongoing process that was not yet completed.
Thus, we believe that no great importance should be placed on this discussion.
While disagreeing with OIA's conclusions, we believe that OIA considered all the appropriate evidence, that sufficient information is available and that no additional investigation by OIA is warranted."
I completely agree awith the panel's analysis, and their observations regarding the important contexting information which was apparently not considered at all in the OIA report. By memorandum of February 28, 1986, I asked John B. Martin, the principal subject of the OIA report for his comment (Attachment 3.)
His response to me of March 10, 1986, is Regarding the panel's observation that "the Region V policy of closing out with allegers when practical was overstated," Mr. Martin pointed out several additional examples of closeouts and attempts to hold closeout interviews which were not considered in the OIA report apparently because questions to elicit the examples were not asked.
In light of the additional information provided by the Regional Administrator, Region V, the careful analysis by the special panel, and my own review of the OIA report, I conclude that the adverse conclusions in the OIA report are not supported by the evidence accompanying that report.
I further conclude that all of the appropriate evidence was considered (except for the additional information provided to me by J. Martin) and that there is no reason to request further examination of the allegations by OIA.
Accordingly, I propose to take no furthez action on i
the basis of the OIA report.
It is appropriate, however, for me to advise you that I have been concerned, since assuming my present position, about t
the potential for miscommunication in fast-moving Commission meetings with several participants and that I have on several occasions (both before and after receipt of your report) cautioned senior staff managers of the importance of complete accuracy in communications with the Commission and 1
3-the acceptability of "I don't know" as the answer to a Commission question when that is, in fact, the correct answer.
Original signed by Victor Stello,.
Victor Stello, Jr.
Acting Executive Director for Operations Attachments:
As stated cc:
Chairman Palladino w/attachs.
Commissioner Roberts w/attachs.
Commissioner Asselstine w/attachs.
Commissioner Bernthal w/attachs.
Commissioner Zech w/attachs.
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DISTRIBUTION:
GliCunningham chron VStello JRoe
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JMartin CHeltemes Dross
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- ELD J. '
- AEDO
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NAME : GliCunningham/rw:VStello
.---_-------.--f-86 DATE $3/12/86
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