ML20235Z266
| ML20235Z266 | |
| Person / Time | |
|---|---|
| Issue date: | 06/12/1984 |
| From: | Messenger G NRC OFFICE OF INSPECTOR & AUDITOR (OIA) |
| To: | Gilinsky, Palladino, Roberts NRC COMMISSION (OCM) |
| Shared Package | |
| ML20235Z143 | List: |
| References | |
| FOIA-84-454, FOIA-88-A-50 NUDOCS 8903150273 | |
| Download: ML20235Z266 (2) | |
Text
,. _
%" UNITED sT ATEs l 3 / - NUCLE AR REGUL ATORY COMMISSION 1 . . . . - .
- e. w. ./
June 12, 1984 l
MEMORANDUM FOR: Chairman Palladino Commissioner Gilinsky Corrissioner Roberts Commissioner Asselstine Commissioner Bern FROM: Geo ge .M senger, A ingDihter Office of Inspector and Auditor
SUBJECT:
ASLB - ALLEGATIONS CONCERNING THREE NRC EMPLOYEES The attached Report of Investigation documents an Office of Inspector and Auditor (0IA) investigation of allegations against ttree NRC employees, which wasinitiatedon@ecember 29, 1983d as a result of a letter dated December 23, 1983 from John H. Frye, III, Administrative Judge for the Atomic Safety and Lice]nsingBoard(ASLB)consideringthe(relicensin of the nonpower reactor at !
the University of, California at Los Angeles (UCLA (Attachment A). Briefly, it wasallegedthat(JamesR. Miller, Chief, Operating eactors Branch #3, Nuclear ,
Reactor Regulation (NRR), Donald M. Carlson, Plant Protection Analyst, Nuclear '
Material Safety and Safeguards (NMSS), and Colleen Woodhead, Litigation l Attorney, Office of the Executive Legal Director (ELD)J, had each l misrepresented material facts before the ASLB as follows: i
- 1. That iller) asserted personal verification that exempsion of 10 CFR 73.6 contrary tor by[UCLA a subr.issio(UCLAhet that it could th not reach that protection level; ' J
- 2. were subject only to That(Carlsordseid 10 CF7 73.67 and 73.37 and thathonpower reactors that there are no explici like UCLA's)t N ,
sabotage protection, both assertions being cortrary to the provisions of l Section 73.40(a); and
- 3. ThatQoodheadldenied before the ASLB thathCLA had core than a fomula quantity of Strategic Special Nuclear Material} shortly after the NRC technicalstaffhadadvised@CLA]hatitdid No evidence was found that any of these individuals knowingly or willfully misrepresented any facts to the ASLB. However, our investigation reveals that they, and other NRC staff, had misinformed the ASLB on the issue of protection against radiological sabotage on several occasions since 1981. The misinformation cppears to be based on (1) prior lack of appropriate staff coordination and (2) failure of individuals to know or to obtain all relevaat facts before comitting themselves to sworn affidavits.
CONTACT: Ronald M. Smith, OIA 492-4454 7 n-rm'*
U . ,F . ', . ..
p--*r
., t, 8903150273 890303 .
l ..'..%,
1 .
Collateral ks our im/ediphen, an 4Mkionsl affidavd de dis W M di(1 d proved to be erroneous because.tne incivicual hac esecutec'ine afficasit r c-rerery rather ther base it er do:Unented fact. Secordly, the original complainant to thE ASLE, ::? riel hirsch, Subritted naterials Which ar0ue tnr facts of this case as be .'em then. Hwever, the ra.terials cettributed te new facts.to this investigation.. Accordingly, no f urther action was .itker, or.
them'by this office.
Attechnert:
Report of Investigation cc: W. J. Dircks, ED0 (5 cys)
H. H. Plaine, OGC, w/o attach e
9 I
,_ . ... ..-- e- **r A bb.; . L w.- 8
.. - _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _