ML20211Q070
| ML20211Q070 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 07/12/1984 |
| From: | Messenger G NRC OFFICE OF INSPECTOR & AUDITOR (OIA) |
| To: | Lieberman J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| Shared Package | |
| ML20197G337 | List: |
| References | |
| FOIA-86-133 2.206, NUDOCS 8607230488 | |
| Download: ML20211Q070 (10) | |
Text
o July 12, 1984 MEMORANDUM FOR: James Lieberman Director and Chief Counsel Regional Operations and Enforcement Division OfficeoftheExecutiveLegalDirectg.,,
FROM: George H. Messenger, Acting Director f O
Mb Office of Inspector and Auditor 4nge,y
SUBJECT:
PETITION OF THE CITIZENS ASSOCIATION FOR SOUND ENERGY FOR SUSPENSION OF A CONSTRUCTION PERMIT AND OTHER RELIEF WITH RESPECT TO THE TEXAS UTILITIES AND GENERATING COMPANY, COMANCHE PEAK STEAM ELECTRIC STATION 1 We reviewed the 10 CFR 2.206 Petition and attached Limited Appearance Statement filed by the Government Accountability Project (GAP) on March 19, 1984, concerning the Comanche Peak Steam Electric Station which, in
- part, questioned the propriety of the conduct of NRC personnel. Our review of the Petition and Statement identified no specific allegations of misconduct by
( NRC personnel which have not already been investigated by 01A. Additionally, on June 29, 1984, Ms. Billie Pirner Garde, Director, Citizens Clinic, GAP, was
! interviewed concerning the specifics of each oflthe general allegations of NRC misconduct made in the petition. Ms. Garde stated there were no new issues presented in the GAP petition requiring investigation by OIA. Consequently, 0IA plans no further action regarding this petition.
cc: Commission (5) t W. Dircks, ED0
, G. Cunningham, ELD i H. Denton, NRR R. DeYoung, IE J. Collins, IV lI i^ Distribution:
k OIA Subject 6M Af L
[/
TMA-%-133 5, h be f CONTACT: George Mulley, 01A
{ 49-24453 )
1; 8607230488 860721 \
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Office of Inspector and Auditor CASE
SUMMARY
TITLE: Comanche Peak - Alleged File No.: 83-11 Date Opened: 11/83 Electrical Deficiencies R. Smith -
Investigator:
NRC REGION: IV SITE: Inspection:
Comanche Peak Investigation: -
(criminal-integrity-E N ther)
- Review: Oversight LICENSEE: Texas Utilities CONTRACTOR: .
ALLEGATION: That electrical ." deficiencies" identified during 1979/80 construction phase at Comanche Peak had not been addressed.
DATES: SIGNIFICANT DEVELOPMENTS 11/82 Case assigned for review.
12/82 Review completed & briefed to Cummings. Closed administratively. '
NO FURTHER ACTION REQUIRED.
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I Reminder l
DO NOT REMOVE MATERIAL FROM FILE. HOWEVER, IF MATERIAL IS REMOVED FOR XEROXING, P-L-E-A-S-E RETURN DOCUMENT TO ITS PROPER PLACE. ALSO, DO NOT FILE DRAFTS IN FOLDER.
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V histieKovrers risk n" .~-eir I careers ter puhic gbod ;
By Lennox Sarnuels - - ~ ~ - '-
g name about problems isthe department sraft wnrer of The News At the time, h Clark was a computer-In 1981, Connie Clark was a computer 'I. o,pera f.
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cperator for the City of Dallas. earning '. where she was in charge of recording. tor #atJAC' .
the Southeast Serv
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about 51.200 a month. T$ day, she makes parts usage.Withrow about S450 a =onth driving a van for a sen. : supervisor at the Southeast Dallas Center; f[g f' 'f " was
' ' ". Jautomotive p lor citi: ens' home. q Rick McKee was an automotive parts em. '
Ms. Clark is a w!listleblower. She is one ' E. Y" DA*'AS, TE!*A3
.'of those people whoJtit their careers on . . All three were quoted in The News. Af. yggg.
the lir.c. force"pTbiic go'od' '*"'% ter de anicles appeared, Withrow was
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. . fired. McKee was reprimanded but re.i .
JUL 17 583
/ Whistleblowers are the people some. tatned his job. Ms.. Clark was suspended. : MORNIliG - 273,C::0 g times seen on 60 Minutes. They point the
- She was not dismissed but said she mig " T AT -- 33o.E06 r finger at corruptton, mismanagement, as well have been.
misconduct or criminalactivity. ' '
- She* said she quit her job last year b l-Their reasons vary. In Dallas. one whist. cause, "I couldn't clock in without my l leblower said he came forward because hed stomach turning over. . . . I had rocked the truly beilhed gdhrnment shouldprovidej Jost;seycyalytimes befcre a,nd.the
~ n estab. . *;
pu blic service. 0tte'rs cited pers'enal inte'E.* IIshment doesn't like yoti to rock'tlie boat." ' '
nty, professionalism, principle and a per. . Reached b' y telephone, an embittered sonal history of " rocking the boat," of ' Withrowrefused to be interviewed,saying ,
t being a maverick. But whatever their ren. , he won!d never talk to the newspapers again. He said he had lost a job that he held sonstothey fusal look the have a 1Ivay.
other common. trait - .4 their 3 -
re j for12 years and was prosecuted by a "ve )
! Their efforts frequently result in'shati j vindictive" city on charges of stealing tered careers. . . .
- Parts worth 5250. He was sentenced to two (
Ms. Clark is one such person. Almost. gars
- probation. g two years ago, she helped expose waste,- McKee also declined to be interviewed.
mismanagement and ' falsification : of , !, While the Equipment Services whistle.
records in the City of Dallas' Equipment ! Blowerswere rather obscure people in low. 1 Services partments in Department, municipal government.one of the Butlargestde.
' He ended up on national *television.Drofile j jobs, Marks J had a more vi todayJhe is not sure that stie 'accom. . ; In 1979, Marks, an assistant district at. / ,
plished anything- 4 torneMaheston County, Ww ee wp ,
"Ifeellike Don Quixot'e,"Ms". Claiksaid. ; e w athecahdaninappropriateplea y "Ths powers that were still are, and no. an m Any. James Hury ,
a Anumn s nya escentCenten \
body ever accounted for.those missing iatito) parts ; ,,, A grand jury had retitrned.38 murder. -
Thire are othe'rs likeMi' Clark ; ents against the center and eight. j Benny Frank Withrow .!r., who was fired . Its employees, saying that eight nursing . / j from hisjots with.the Equipment Services. me en ed of negWnder de q ea arg utumn Es pleaded no con.
- f Department; Dr:. Bill McAnalleys who ulti.
.matelytesigned hisjob'with th'e US Envi.
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ronmental Protection Agency; and David t r~ ) !
Marks did not stop blowing the whistle;
- j t Marks, who was fired frons his post as as.!'.he went to court to challenge his boss' de.
ststant distrtet attorney .in Galvestgn cision.He was fired. /
County. i
.. . . . . . , , ' f." ' In February Texas Atty Gen Jim Mat.
During. a five month investigation in .tox hired Marks as an assistant attorney 1981 of the Equipment Services Depart- general, assigning him to the Autumn Hills mint by The Dallas Morning News,severat case."The case," Marks said,"has been res. -
department employees were quoted,W' urrected, and I am bact in the same post.
fon,just weansq 3 c:f'ttent ur .-
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he,d LA % W . % n. 7- P7 - ? 3 Recalliig his stand against Hury, Marks Atchison, now a quality <ontrol inspec.
said:"I had to weigh a loyalty to an em. torfora Da11as firm thatsellsjet parts said ,
player vs. a loyalty to what I felt was right. he beileves he focused attention on fiscal I felt my action was dictated by my con. and management problems at Comanche science."
' Peak. -
McAnal!ey said he acted as a result of Atchison launched a topsy.turvy and the same conviction. ,
, costly fight to everturn his dismissal and In March, McAnalley charged that the. recently received a boost when labor Sec.
EPA tried to cover up the severity of lead retary Ray Donovan upheld a US. Labor y contamination in West Dallas and East Oak Department ruling in his favor. 3 i Cliff. A colleague, Dr. Norman E. Dycr,. Some government watchdogs consider .
I joined in the criticism. . , that decision a precedent for whistleblow. I McAnalley, the agency'c regional expert, ing in the nuclear industry. . -
in toxicology, said he was removed.fromj, " . It's a pr'etty laEdmark cli'sE forihls~tE. ,
'ead studies and was put in charge of draft'. ! blowers " said Billie Garde, a spokes.
Ing contracts. He resigned and lives in ; woman ,for the Government Accountabil.
Grand Prairie, where he and several asso. lity Project in Washington. "In general, ciates operate a pharmaceutical busines.
what happens to a nu,c,ha,r wJrker whoIde-
"I worked for the government because Il cides to go forward is, he chooses between really believed they wete trying to cle'an career and protecting public health and up the environ =ent," McAnalley said, safety. In terms of the significance (of the "They weren't. Our problem is, we have po. Atchison case). I think the underlying ..
11tical appointees at the top. They're the message to the utilities is very clear: Nei.
enes that don't enforce the law." .' ther the Department of Labor nor the Nu.
- At least, McAnalley said, his stand has . clear Regulatory Commission is going to ;
. caused the EPA to recognize,the lesd proQfire at messenger' for bringing a bad mes.
tems in Dallas and;"theyare acting upon ; sage."
the problems." ' i. Atchison's case is on hold while Brown ,
The controversy about lead continues & Root decides whether to appeal Dono.
to simmer. Several lawsui'.s are pending van's decision.
against lead sm'e lter operators; the city has Overall, however, it appears whistle.
not yet acted on the Dallas Alliance task
- blowers rarely achieve the,results they de.-,
f rce report on the lead problem, and the , site. According 'to Hugh Kaufman, the EPA has said only that it will use " Super. . perennial Washington EPA whistleblower
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funii" moneylo alleviate the problems if who figured in the Missouri dioxin,IAve .
no other solutions are found. , Canal and Port Washington (N.Y.) cases, a Dyer, who also was critical of theI whistleblower wants two things-to keep a ency's role in the lead contamination g his job and to have the " atrocities"that he ablem, continues as chief of the EPA of. exposes remected.
fice of toxicsubstancesin Dallas. The key to survival, Kaufman said, is
. Charles Atchison has not been so for. laws and regulations that protect whistle. l tunate. Atchison, a former quality control blowers, support from legislative leaders, inspector at the Comanche Peak nuclear.,, sustained mediacoverage-andluck, power plant near Gun Ros ?, was fired last l "In states like Texas,*Kaufman said,"if f year by Brcan & Root im- the plant ! you blow the whistle, you're going to have . j
- builder. Atchison says he was fired be.i problems.The survival rate isless.Thatis ,
cause heGledreportsaboutproblemswith-: attributable to.the fact that money talks (
welds on pipe supports. . . rlouderinTexas." l "In this district (Region e, covering! . Dyer is one of the few Texas whistle.,
' Texas, Arb= Ients'ana, New Mexico i-blowers who managed to keep his job. HE? .
and Oklahoma), there are notenough safe. ;said that is because " basically there hasn't guards," Atchison said."The law needs'ad:. Lhcon any real reason for my removat . . .
, Ctions:and cevisions. From what I know There.has been no conflict betweeri what I -
p'ersonally,;there-s~re definitely proble=s saidand carrying out myjob." .. .o there (Comanche Peak). . l . On the other hand, Dyer said, the issue "The problem is the wall that's been" ofleadcontamination"has beensomewhat builtin this region.If this plant goes dowuq removed from my purview'* and some col. ,
'youkaiPAHi[the utility. d, They have a leaguesarelessopen to him. ..
t monopoly,:;and. they catr do pretty weil, ' Whistleblowers who leave their jobs of. '
what they want. '
. . . . . . . ten,do so because.they believe they have
.o cther choice.For exa= pie:
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a Mark Walsh, a former engineer.at Co- fled to the employees or the supervisors."
manche Peak, resigned in June after Ramsey said. "We have had a number of claiming that officials at the nuclear. caseswherethefolkswhothinktheyknow .
power plant refusett to conduct computer about problems prefer to come to us and let analyses of the effects of superheated air us investigate.Not only have there been a on pipe supports. -~ lot of people, none of them were fired."
a Bill Collier, for=er aide to state Brown & Root has maintained that At.
Comptroller Bob Bullock, resigned after chison was not fired for being a whistle-complaining that Deputy Comptroller blower,"He wrote many non conformance Ralph Wayne used state secretaries and an . reports"in the past and had not been fired aide to handle his personal business deals . for them,Ramsey said. ,
on state time. "There was an investigation Nevertheless, officials said that because .
of sorts,butitwas aninadequate one" Col i of the lack of protection for whistle-lier said."The only thing that was accom i blowers,'not many people are----m willing to
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plished was those of us veho quit felt better .l come forward and see a case through 'to itg' about ourselves."
s Geraldine Notley, fot._er principal of ; conclusion. . . ,- j. .; 8.j Oran M. Roberts Elementary Schoolin Dal. "We tell them what could be involved -
las, pointed out what she called construe, which is testimony in tria!- and they get tion overcharges by William Maxwell Con. i second thocghts," said David Garza. head struction Co. at her schoolin 1979. She re. . of the Public Integrity Unit of the Travis.
County District Attorney's Office in Aus.
signed from the school system in 1980 because she was unsatisfied with the way } tin. "They back off; they're afraid they'll, the case was handled. .
, lose their jobs. There's nothing we can da a Everett Hall, former chief hea'th in. ; because we don't have a witness protection" spector in Dallas, resigne(in May after he Program."
was.rcassigned.tc ingless" job. 'Earljer; he had assisted . to investigate off'nses involfing e what.he. called a".meang., Garza'a uB(t,)as stategi
~
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Ec WFAA.TV in a report about restaurants : officials or stata agencies or.p.cople"wM with badinspection records. ' work for. Texas offices of was federal s'omeagencies.,!
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s IJf. Watson Jr., who had been a su. . "1 Personally,believe if there J
I pervisor in the city's business personal thing along those lines (a witness protec' j property section of the tax department, re. tion program) more people would come ,
signed after he was demoted. City officials - forward, Garza said. ..
i said Watson, without City Council ap. US Rep. John Bryant, D Dallas, saif proval, lowered the valuations of 13: Da1 that people should be encouraged to com.
forward with information.about potentii
( las fir =s by' about 540 million. Watson maintained that he had been told by supe- j wrongdoing sad that he views many whist; riors to make the changes and that he was. ;,i0t8 ~leblowers asfbasically pe, ace;ti=c patri=.
being made a scapegoat. 3 t >u .- r.:- . . - - g 91 The cases of Texas whistleblowers indi . .Bryant said' he'.is making ~ .Inquirte(1 cate that Kaufman's twin goals - main about whether ther'e are problems with, taining one's job and seeing something ; Dallas landfills, noting that he.would not r have decided to look,into the inatter bad -
done about one's claims - seldom are i
-I somebody not'come forward with inforniaj achieved. . .
,. .- .,., g ,.
Fcr example, the US Atomic Safety and ; tion.
, Licensing Board decided July 5 that Texas l , Supt. Linus Wright of the Dallas.Inde4 Utilities Co., which owns 87 percenrof Co-i.
manche Peak, need not conduct the analy pendent Schoolt District said he believedthe construction proble ses Walsh called for, said Texas Utilities" mentary was resolved " internallyin than spckesman Dick Ramsey..' _ . ' .- /. .+ N-w eight school administrators .were fired.
Walsh, who'has been a witness for the i But "ex'ternally, I don't. feel thedtidiciak Citizens Association for Sound Energy,j system carried it put to the extent they:
saidhe's"not done yet " 4 might have,"he said. . .. c >. W:a
(- But Ramser said Walsh ands Atchison Wright, who still faces lawsuits by top '
i are merely two of several people who have- administrators whom he fired during the expressed cancern spon(whajthpy ransigi construction investigation, said the school
- ered problems atthe nuercar power piaht. district has checks and balances that make: '
The difference, he said, is that many oth" it possible for.whistleblowers to be pr6 ers successfully used internal channets to : tected. -
4 have the problems checked ont. .a...-- . . .. . e ,, n.= ... 4
"'t's not a system where the whistle .
- 'wer ::s to ec=e ferward_and be identN,
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"We have a system in'wh'ich any'em.
playee who doesn t want to talk to a super-
']..- Mi, ,c:A PTsgg -- - 17 : U.yg~r , j visor can talk with absolute, guaranteed si.
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- s. , :[.(, lenee," Wright said, referring to the scho$
I p ',5 7 M',3. 7:' system's ombudsman approach. ,,,,
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" Society used to do it (come forwariD
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1 then it ended up like the rape (victimT '-
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7,1 . ,.;,p Z:;Mx. } a,;- ' " Generally, employees are afraid that if ex;D 4 M;. ',j ;uefgu : -
they come forward and say something, they will be fired or demoted," said Eliseo
- Pr! l ' Medica,; organning , cochfinator . Id.'ths.I
./ %4,33l ! Texas State Employees Union."When peo.'
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, t 2 . m s . ,, , ple blow 1he whistle, for sure they're find.
- ' Ing their own termination slips."
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. . r.' 1 H M M $ ~ $- i f.U State, County and Municipal Employees, said if any of his members comes forward
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,, ' _a _. = kinds of repercussions will arise," he said.
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- to reporters in February after he gave two House subcommittees docu-mints he said may contain evidence of "enminal" conduct by mem-bers of the Reagan administration . ,
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[*' % UNITED STATES
[ $ NUCLEAR REGULATORY COMMISSION g p WASHINGTON, D. C. 20555 Office of Inspector and Auditor CASE
SUMMARY
TITLE: Comanche Peak - 2.206 Petition File No.: 84-29 Date Opened: 6/14/84 Investigator: Mulley _
NRC REGION: IV SITE: Comanche Peak Inspection:
Investigation:
(criminal-integrity-EEO-other Review:
LICENSEE:
CONTRACTOR:
ALLEGATION: That Region IV violated confidentiality of whistleblowers, failed to include affidavits in public reports, provided advance warning of inspections and that the NRC has de-stroyed drafts, tape recordings, created secret files, failed to identify documents under FOIA, gave confidentiality to utility officials to prevent disclosure of coverups.
DATES: SIGNIFICANT DEVELOPMENTS 4/9/84 Mulley received cy of GAP 2.206 petition for review sent by Lieberman, ELD.
6/1/84 Petition reviewed - No specifc allegations.
6/14/84 Case folder opened.
6/14/84 Briefing paper prepared for Commission.
6/29/84 Billie Garde, COAP interviewed:- No new allegations.
Report of Interview prepared.
7/9/84 Memorandum to Lieberman prepared.
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