ML20235S665

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Partially Withheld Memo Responding to Gap 870529 Submittals to Nrc.Author Charges That Submittals Besmirch Character & Competence & Responds Point by Point to Items of Gap Petition.Related Info Encl
ML20235S665
Person / Time
Site: South Texas  STP Nuclear Operating Company icon.png
Issue date: 10/02/1987
From: Renee Taylor
NRC
To: Martin R
NRC
Shared Package
ML20235S476 List:
References
FOIA-87-464 NUDOCS 8710090084
Download: ML20235S665 (4)
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MEMORANDUM FUR: R. D. Martin Information in this record was deleted 1HRU: E. H. JOHNSON in accordance with the Freedom of Informatica Act, exemptions 3 THRU: J. E. GAGLIARDO E01A S7- M ,_.

THRU: G. C. CONSTABLE SUBJEC1: Government Accountability Project (GAP) Sutnittals to the Commission Dated May 29, 1987.

In the above sutmittals, GAP has repeatedhbesmirched my character and competence with little or no facts to support their assertions. Although this has occurred before in the CPSES hearing process, there was a platfom for setting the facts straight in an official record. In this instance however there is no other readily available platfonn than this memorandum and I fear that to not respond will be considered by at least some parties to be an admission of truth.

In reference to the Petition of the Government Accountability Project dated as above; Page 7, Item 3: 'the " confirmation" referred to was by me to one of the local 01 investigators and to a DOL investigator wherein I revealed that I had provided the identification of alleger l

to a license 7 person in an off-the-cu remar but only after had been teminated by that same licensee management person casons that had nothing to do E M allegations of nearl two years earlier. I had been made aware by Mr. Crossman that .-

anonynity for so" long as he was emp.M oyed athadCPSESrequested-and I carefully l

respected that request for so long as he was there. In hindsight, I wish that I had not made the remark but at the time I had fulfilled any commitments that had been made to in the absence of any other Commission policy on t subject.

Page 7 Item 4: Again i stand accused .of both incompetency and coverup. My only association with the report in question (50-445/82-14) was that I authored a paragraph in the report. The specific inspection referred to wa fomal . C. ewart in response to an l

allegation by In this specific case, Mr.

Stewart performed the nspection of specific locations in a v y la e steel structure at CPSES that had been pointed out by_

during an interview in the Region IV offices attended by me, ewart and Mr. Westeman. Following Stewart's inspection by perhaps two weeks, the licensee infomed me that construction painters had discovered some cracked welds in the structure and that a 50.55(e) report was being prepared. I called Westeman who then revised the report. Through a clerical error both versions of the report went public. Again this was all made a matter of record in the hearings. My name seens to keep out in front because OIA did a very poor job in sanitizing their report when it went public.

Page 7, Item 5: This appears to address allegations by The inspection report wen to considerable lengths to explain what was done and why. throughCASEclaimedwe(I)liedabout our attempts to locate but we proved that we had not. GAP may accuse the Region for not doing what they believe we should have done, apparently based on CIA's opinion, but it is clear that 8710090084 871002 ~ 911ectively believed that what was done was enough.

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In reference to the Motion to Quash:

Para. 37, item 3: Assuming that the Dircks to Palladino memo of Jan 3,1984 is quoted correct!y, it appears that Mr. Dircks was unaware of the facts in the case (see above item 7, page 4) as given to VIA and under oath to the hearing board. See below.

Para. 3/, item 4; This appears to be again discussing the disclosure as discussed above.

Para. 40, item 1: GAP has again assumed that my signing the report makes me guilty of something. I signed the report in quest.not only for myself but also for Dennis Kelley and Bill McNeill. The allegation work was in fact done by McNeill. GAP seems to take delight in attempting to discredit me if they can find anyway to do it.

Attachnent 8b: In this letter of May 8,1987 to Mr. Martin, Page 2. GAP apparently l believes that along with CPSES, I was also involved in the '.l.tc.; fed matter which is not the case. f.L4rf.rd Added coment.

Para 37, Item 3: I have now read the Dircks memo which does not contain my name.

I eppears that GAP believes that if they say my name in a bad context enough times regardless of the truth in the statements, there will be people who will come to believe it. Specifically in the case, since I had not seen the Dircks memo before Tom W.

let me read a copy, I believed that GAP was quoting Dircks which was not the case. When the Comission and/or congressmen read it, they are probabl quoted the memo and GAP $ y also purpose goingbeen will have to assume served. that GAP has Suninary: RegardlessofGA/Sfingerpointing,Iacceptresponsibilityforone indiscretion that occurred five years ago and which would probably not even have come to light had I not confessed the indiscretion myself.

cc. Tom Westennan j

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l 28 May-1987 Statement regarding OAP's petition to be filed Friday with the NRC Commissioners calling for an investigation of STP and asking that Region IV and Vic Stello not participate.

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No one has a greater interest in correcting problems at this plant than the utilities who are its owners, Since GAP first said it was planning to investigate the project, we have requested from this anti nuclear group any information they have about alleged problems at the plant.

To date, GAP has not shared any such information with us and has chosen instead to use these charges for their publicity value.

Now that they are giving the information to the Nuclear Regulatory Commisalon, there will be an opportunity to review and correct any problems which have not already been investigated, if any such problems really exist.

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Outside probe needed at STNP, t

nuclear watchdog group says By HAROLD SCAR 12TT

! Poet Environment Writer Founded in 1975. GAP de. Garde said GAP willfile the mo-scribes itsell as a public interest tion along with the petition for a

- . group that assists and protects special NRC review. She said GAP -

A Washington watchdog group whistle blowers in govemment and will not request a ahutdown of says it wl!! petition the Nuclear the nuclear industry. work on the nuclear plant while Rcgulatory Commission today for a The GAP attorneys, in a draft any NRC review is condadad s ial review and investigation of petition to the NRC commisalon.

1500 allegations by_ workers "Until the allegations are in the of problems at the South Texas Nu- ers,said that of the 500 allegations hands of enaineersin the NRC who clear Project. they have collected since January, have the ability to evaluate them,it The Govemrnent Accotintability aboutAnother safety. 50 percent pertaincon-37 percent to plant would be prematum for us to ask Project wants the investigation cemed wrongdoing,10 percent in- for a work st ,"Garde said.

conducted by an independent NRC volvedintimidation and threats and "But that ishr on."

team from outside the NRC's Re-

' gion IV office h Tesse. and outside 3 percent wem on other contems. Stello said he rejected GAP's re.

Billie P. Garde, GAP's Midwest quest to keep Regum IV out of the the control of Victor Stello esecu- director, said the safety related al-tive director of NRC legations involve soil compaction. review because he believes the re-Offsisir of GAP ti .at inspections, welding, electrical , glon could handle the assignment.

Region IV managers $tello work, heating and air condttioni have "a well-documented history and " pretty rnuch the samut of di h m' Post /% % 29' 1987 of a greater interest in licensing lerent systems."

plants thanin the public An HIA.P spokesman. Glen and ensuring ." .

Walker, said that HlAP had urged They cited Stollo and Region IV critical of OAPin vain to tum overits reports ment of problems "so they could be in-In a $ enate committee lier this month - a ear- vestimated and corrected if re-in quird."

og','*nMio thy "Up until now CAP has not

'the NRC is to be a shared any informa, tion with us but wechdog. not a "

has chosen to use the charges for ub Stello, in a telephone interview P.o,licity," ,, in,in,,, Walke,r

,, ion i, continued.

i, in, from Washington. ..,# "~ de- '

nied being too hands of the NRC, we can deter-companies. He mine if the allegations invdved out that was the one issued a 1930 new problems or old pmblerns that rder "' have aimady been corrected."

in a ogainst e""'"Aounon$100,000 ughung & Ane Officials of GAP said have Power Co. for construe- refused to tum over their tion and con of compialats because the workers at the esas they laterviewed in confidence f dont want any invwvement with ~

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@ ]- ()\V/ p- k Stallo enocoded that mistakes had been made by Region IV, cut the project =r +4 or Region i

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added thd "hopefupy we team, a histv.1 hey added tent Region IV has o I

from them and eersect deem." d vidatina conGdeness MAY 2 91987 arid complaining work- \-

OAP said last,lanuary it had be- ' " ' ' '*P38F- - b y gun interviewing workers and tor. $tsAo said the NRC on May 20 j mer werbers at the nuclear project heued a subpoena for the GAPrec-  ;

meerBay , investigating mports ords, but GAP was given until to-of salety de , brings of whistle- day to Rie a motion asking NRC edowers, tractoss an gd by subcon- material commissioners poena to quash the sub-w

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The Light '

COIIIpEf lionsion 1.igining & lwer lio. itox 1700 lionsion.'li xas 77001 (713) 228-9211

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March 19, 1987 ST-HL-AE- 200000 File No.: G02 L

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MAR 2 3 l98!

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Mr. Robert D. Martin ))

i Regional Director, Region IV Nuclear Regulatory Commission 611 Ryan Pla72, Suite 1000 Arlington, Texas 76011

SUBJECT:

NEGOTIATIONS WITH GOVERNMENT ACCOUNTABILITY PROJECT l' RE: LETTER FROM J. H. GOLDBERG TO R. D. MARTIN DATED 03/09/87

Dear Mr. Martin:

To follow up my letter of March 9, HL&P has had discussions and correspondence with Ms. Billie Garde of GAP since January 26th in an effort to obtain her cooperation in providing an opportunity for the SAFETEAM to investigate any concerns about nuclear safety which are known to GAP.

GAP identified a number of preconditions to providing information to SAFETEAM, and we have labored diligently to develop an acceptable basis for agreement. Our efforts have been unsuccessful. GAP recently has not attended scheduled meetings for their benefit and HL&P telephone messages to GAP are unanswered. We regretfully conclude that GAP has no interest in proceeding further with these discussions (see attached letter).

In discussion and in correspondence, we have reminded Ms. Garde of I l her obligation to identify any nuclear safety concerns of which she may be l aware to ourselves or to the NRC. To the best of our knowledge, she has l

not done so.

l We are aware that Mr. Victor Stello, in response to correspondence from Ms. Garde and Mr. Condit, has advised them that your office is the appropriate jurisdictional authority within the NRC to resolve any issues which they or their clients might raise. Since we have been unable to elicit GAP's cooperation, we request that the NRC exercise whatever options are available to it in order to compel GAP to make such issues known to the NRC immediately. HL&P will, of course, extend our complete cooperation to the NRC in the resolution of any matters raised by GAP.

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llouston Lighting & hmer Compm>

Mr. Psobert D. Martin March 19, 1987 1 Page 2 ST-HL-AE-200000 As we have informed GAP, it is " anomalous to us that an organization purporting to represent the public interest could show such little regard for that interest by withholding information of potential significance to the public health and safety." Our overriding interest is that the South Texas Project be completed and operated safely, and we remain committed to taking every possible step, with or without GAP's cooperation, to achieve that goal.

Sincerely, Y.

J. H. Goldberg Group Vice-President, Nuclear JHG/JEG:sd Attachments cc: Service List V. Stello (NRC)

J. M. Taylor (NRC)

STP - RMS l

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Houston 1..ighting & Power Company March 19, 1987 ST-HL-AE-200000 File No.: G02 l Page 3 cc:

N. Prasad Kadambi, Project Manager M. B. Lee /J. E. Malaski U.S. Nuclear Regulatory Commission City of Austin 7920 Norfolk Avenue P. O. Box 1088 Bethesda, MD 20814 Austin, TX 78767-8814 Robert L. Perch, Project Manager A. von Rosenberg/M. T. Hardt U.S. Nuclear Regulatory Commission City Public Service Board 7920 Norfolk Avenue P. O. Box 1771 Bethesda, MD 20814 San Antonio, TX 78296 Dan R. Carpenter Advisory Committee on Reactor Safeguards Senior Resident Inspector /0perations U.S. Nuclear Regulatory Commission c/o U.S. Nuclear Regulatory 1717 H Street i Commission Washington, DC 20555 i P.O. Box 910 Bay City, TX 77414 Claude E. Johnson Senior Resident Inspector /STP c/o U.S. Nuclear Regulatory Commission P. O. Box 910 Bay City, TX 77414 M. D. Schwarz, Jr., Esquire Baker & Botts One Shell Plaza Houston, TX 77002 J. R. Newman, Esquire l Newman & Holtzinger, P.C.

1615 L Street, NW Washington, DC 20036 T. V. Shockley/R. L. Range Central Power & Light Company P. O. Box 2121 Corpus Christi, TX 78403 l a:JHG.a06

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March 09, 1987 ST-HL-AE-1976 )

SF: D48 j

-3 Mr Robert D Martin v N ! ! g Regional Director, Region IV i .

Nuclear Regulatory Commission , l 611 Ryan Plaza Drive, Suite 1000 J -

Arlington, Texas 76011

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Re: Correspondence With GAP

Dear Mr Martin:

As you may recall, following a press conference that GAP j held with a number of Texas newspapers wherein they claimed to j have knowledge about nuclear safety concerns received from STP j workers, I wrote Ms Billie Garde on January 26, 1987, to re-quest that she share that information with either the Nuclear Regulatory Commission or HL&P's SAFETEAM. A copy of the )

j January 26th letter was supplied to your office.

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Since that time, our Mr J E Geiger has had a number of discussions with Ms Garde in an effort to gain GAP's coopera- '

tion. Attached you will find a copy'of Mr/ Geiger's letter dated March 5, 1987, to GAP wherein he has challenged GAP to ,

either come forward immediately and provide information which j will enable SAFETEAM to initiate investigation of these l l

alleged' concerns or provide such concerns immediately to the In a number of discussions with GAP, GAP has identified NRC.

l certain preconditions which they state must be satisfied to i enable them to provide an opportunity for SAFETEAM to investi-gate such concerns known to GAP. HL&P has labored diligently to develop an acceptab,le basis for GAP supplying such informa-l tion to SAFETEAM. If our current effort is unsuccessful, and 1 we should know that momentarily, we will then be calling upon l the NRC to exercise whatever options are available to it in order to force GAP to make such concerns known to the NRC. I

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O eM sumg1 n PP

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'llouston 1.ighting & l'ower Company Mr Robert D Martin March 09, 1987 ST-HL-AE-1976 SFN: D48 We will keep you informed of any further developments associated with the " GAP Allegations".

Very truly yours, J H Goldberg 9

Group Vice-President, Nuclear JHG/aks Enclosure cc: Service List V Stello J M Taylor

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