ML20244D711

Board Notification 86-009:advises Commission of Investigation Into Allegations Re Applicant Electrical Contractor Lk Comstock.Determinations Re Allegations Not Encl

ML20244D711
Person / Time
Site:	Perry
Issue date:	03/03/1986
From:	Bernero R Office of Nuclear Reactor Regulation
To:	Asselstine, Palladino, Roberts NRC COMMISSION (OCM)
References
CON-#186-330, TASK-AS, TASK-BN86-009, TASK-BN86-9 ALAB-802, BN-86-009, BN-86-9, OL, NUDOCS 8603050037
Download: ML20244D711 (4)

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..... gm 3 gas SP M gJ41 MEMORANDUM FOR: Chairman Palladino Commissioner Roberts Commissioner Asselstine Commissioner Bernthal Commissioner Zech FROM: Robert M. Bernero, Director Division of BWR Licensing Office of Nuclear Reactor Regulation

SUBJECT:

BOARD NOTIFICATION - REGION 11101 FIELD OFFICE INVESTIGATION - PERRY (BN 86-09 )

This Notification is being provided in order to advise the Commission of the pendency since January 1983 of an open 01 Region III field office investi-gation into an allegation concerning the Perry applicant's electrical s ub-contractor, L.K. Comstock. The applicant's abuity to control L.K.

Comstock's work was a quality assurance issue in the Perry OL hearing and -

was the subject of a Licensing Board decision which was affirmed by the Appeal Board in ALAB-802, 21 NRC 490. Through inadvertence the Licensing Board was not informed of the pendency of the open 01 investigation at the time of the hearing.

When the time within which the Commisison could elect to review ALAB-802 expired on May 6, 1985, the Licensing Board's decision on the QA issue became final agency action so that there currently is no QA issue in adjudication. Nevertheless, this notification is being provided in accordance with the current NRC staff Board Notification policy to "[ilnform the Commission on all issues on the cases before the Commission (regardless of the specific issues on those cases that are before the Commission as identified in the weekly reports of Adjudicatory Items Before the Commission) ."

Memorandum from Samuel J, Chilk to William- J. Dircks, SECY-84-97--Board Notification Policy, July 6,1984.

The datails of the allegations concerning L.K. Comstock, Ol's investigation of those allegations and the Staff's own detertalnations with regard to the allegations are set forth in the attachment 1 to this Board Notification.

Because 01 believes that public disclosure of the details and information in the attachment could compromise the ongoing investigation of the allegations, the attachment to this Board Notification is herewith provided to the Com-mission in camera pursuant to the Cor.imission's " Statement of Policy: Investi-gations. Inspections, and Adjudicatory Proceedin gs ," September 7, 1984 (49 Fed. Reg. 36032). The parties to the Perry OL proceeding are being informed of the existence of allegations and pendency of the 01 investiga-tion by copies of this Board Notification but the attachment to the Board 860305'

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Notification is neither being provided to the parties nor made available to the public at present.

my Robert M. Bernero, Director

Division of BWR Licensing Office of Nuclear Reactor Regulation ATTACHMENT 1:

l Pendency of O! Investigation, Summary of Allegations and Region III Conclusions cc w/

Attachment:

l J.P. Keppler, Rill

! B.B. Hayes, OI (HQS)

E.S. Christenbury (OELD)

EDO OOC OPE i SECY l cc w/o

Attachment:

Perry Service List i:

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DISTRIBIITION LIST FOlt IlOARii 'NOTIFIC ATION o

Perry Nuclear Power Plant, Units ! A2 Docket Nos. 50-440/441 Mr. Glenn O. liright John G. Cardinal, Esq.

Donald T. Ezzone, Esq.

James P. Gleason, Esq.

Ms. Susan illatt Dr. Jerry R. Kline Terry J. Lodge, Esq.

Janine Migden, Esq.

Jay Silberg, Esq.

Atomic Safety and Licensing Dourd Panel Atomic Safety and Licensing Appeal Panel Docketing and Service Section Document Management Branch l

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l Mr. Murray R. Edelman Perry Nuclear Power Plant

-The Cleveland Electric Units 1 and 2 l '

Illuminating Company .

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Jay Silberg, Esq. Mr. Larry O. Beck i Shaw, Pittman, & Trowbridge The Cleveland Electric l 1800 M Street, N. W. Illuminating Company Washington, D. C. 20006 P. O. Box 97 E-210 Perry, Ohio 44081 Donald H. Hauser Esq.

The Cleveland Electric .

Illuminating Company P. O. Box 5000 Cleveland, Ohio 44101' Resident Inspector's Office l

U. S. Nuclear Regulatory Commission

Parmly at Center Road j Perry, Ohio 44081 Regional Administrator, Region III U. 5. Nuclear Regulatory Commission 799 Roosevelt Road Glen Ellyn, Illinois 60137 Donald T. Ezzone, Esq.

j Assistant Prosecuting Attorney l .105 Main Street l

Lake County Administration Center Painesville, Ohio 44077 Ms. Sue Hiatt OCRE Interim Representative i 8275 Munson

Mentor Ohio 44060

! Terry J. Lodge, Esq.

l 618 N. Michigan Street l Suite 105 Toledo, Ohio 43624 John G. Cardinal, Esq.

• Prosecuting Attorney Ashtabula County Courthouse Jefferson, Ohio 44047 I

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