ML20215K753

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Submits Evaluation of BNL Rept on Plant Allegations. Allegation Did Not Identify Any Specific Wrongdoing on Part of Any Named NRC Employee.Insp Effort Would Be Encumbered If Entrance Interview Modified
ML20215K753
Person / Time
Site: Midland
Issue date: 03/14/1985
From: Weil C
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To: Norelius C
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
Shared Package
ML20215K202 List:
References
FOIA-85-213 NUDOCS 8706250432
Download: ML20215K753 (3)


Text

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NUCLEAR REGULATORY COMMISSION REGION Ill r ,,

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March 14', 1985 I

MEMORANDUM FOR: C. E. Norelius, Director, Division of Reactor Projects.

FROM: Charles H. Weil. Investigation and Compliance Specialist

SUBJECT:

REVIEW OF BROOKHAVEN NATIONAL LABORATORY'S REPORT  !

ON MIDLAND ALLEGATIONS (50-329; 50-330)

(ATS NO. RIII-83-A-0137)

Recently the Division of Reactor Projects-(DRP) requested that I review the -

Brookhaven National Laboratory's report of their review of certain allegations at the Midland Nuclear. Plant (Enclosure 1). DRP.was specifically concerned..

with the four allegations termed " Category A" by Brookhaven Labs. Brookhaven defined Category A as "...Due to the nature of the allegation... we reconnend:

the item be referred to the NRC Office of Investigations (or other appropriate agency) for resolution."

Two of the four allegations I(numbers 19 and 20) concerned the alleger's

termination from Bechtel's 4!mploy. These allegations were already under review by the Office of Investigations (OI No. 3-83-007; ATSNo.RIII-83-A-0137).

Therefore, no additional action was required by Region III'on these two-allegations as a result of the Brookhaven report. On February 20. 1985 Region III furnished a copy of the Brookhaven report to 01:RIII for their infonnation. '

The two, remaining, Category A allegations (numbers 16~and 17) concerned the l NRC staff. These allegations were detailed in the last paragraph on page  !

seven of the alleger's affidavit (Enclosure 2) and can be sumnarized as: I

16. NRC inspectors were too willing to trust Bechtel inspectors.
17. . NRC inspections were preannounced; therefore, inspections were preceded by preparation, including repairs and. modification.

It is quite difficult to fully evaluate the allegations due to their nonspecificity and age (the allegations were made in June 1982). . My evaluation of these allegations follows:

1.. The allegation did not identify any specific wrongdoing on.the part of any named NRC employee.

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C. E. Norelius March 14, 1985 1

2. Routine inspections are both announced and. unannounced. Many times a-routine inspection is announced because the. Inspection will specifically l concern an area which either cannot or will not be repeated. Therefore, a routine announced inspection is made in order for the NRC to conduct the inspection of that "one time" activity. However,'it is noted that wherever possible the Region should perform unannounced inspections.

Also there are situations when once a Region based Inspector is on site for a several day inspection, his presence and areas to be. reviewed are well established facts once the entrance interview is conducted.

While we can reemphasize the standard unannounced inspection' policy, it j would encumber eur inspection effort to modify or eliminate the' entrance l interview. l

3. The allegation of trusting'a licensee inspector is described in the alleger's affidavit as,

...NRC inspections often failed to correct problems... generally l the Gechtel (Bechtel) people who ac.tually climbed around on the piping and calling out their measurements, which the NRC inspectors would then write down. As a result, many of the inspection reports-do not reflect anything more than Bechtel's own assertions...

This certainly describes an inspection practice which Region III cannot condone, but because of the lack of specificity (Who were the NRC' '

inspectors? When did this occur? What were they inspecting? etc.), l Region III cannot take corrective action with regard to the specific i instanceandindividual(s) involved. i

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4. Further, in a tape recorded interview conducted with the alleger bv the l Region III staff and an 01 Investigator on August 12, 1982, the alleger indicated a confusion between NRC inspectors and the Authorized Nuclear '

Inspector (ANI). Although the specific issue discussed during the interview concerned the signing of weld inspection reports (Transcript Pages 39-41, Enclosure 3); nonetheless, a confusion existed.in the alleger's mind between NRC and ANI. This information makes it difficult at this time to determine if Allegation Nos.- 19 and 20 represented an NRC -

or ANI practice. ,

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Based on the above evaluation my recocraendations are:

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1. Allegations 24 and M be forwarded to the Office of Inspector and Auditor e (OIA) along with this evaluation for their infonnation and-independent. j evaluation. Due to the age and nonspecificity of the allegation it may

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be difficult for OIA to fully evaluate them. However, any effort to contact the alleger for.more specific information in this matter should a

be done by OIA.

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2. That Region III management :eiterate a policy of inspection appearances )

and independence- (e.g.. ar.aounced versus unannounced, who takes measurements used by the Region, etc.).

Please advise if I can be of any further assistance. I 1

Charles H. Weil Investigation and. I Compliance Specialist

Enclosures:

1. Brookhaven Report
2. Alleger's Affidavit
3. Transcript Pages 39-41 cc w/ enclosures: l J. G. Keppler l A. B. Davis '

cc w/o enclosures:

W. D. Shafer R. B. Landsman i

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