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4 UNITED STATES j
NUCLEAR REGULATORY COMMISSION --
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'? f OFFICE OF INVESTIGATIONS FIELD OFFICE, REGlo,N IV DO NOT DGMg Q/ '""M etiP1N My;if* CONTAINS lDENTlTY Oc CONFIDENTlhL S006.E '
' i CONTACT DIRECTOR,01 J
REPORT OF INQUIRY January 30, 1985
SUBJECT:
WOLF CREEK GENERATING STATION: ALLEGED ALTERATIONS OF KANSAS GAS & ELECTRIC C0. PERSONNEL RECORDS :
REPORT NUMBER: Q4-84-042 On September 9, 1984, Dale A. POWERS, Acting Enforcement Officer, i Region IV, NRC, provided Reporting Investigator with a telephonic conversation record (Exhibit 1) prepared by James A. KELLY, Physical Security Inspector, Region IV, NRC, documenting allegations made by a -
formerKanasGas&ElectrfcCo.(KG&E) employee. The former KG&E jmployee JCOMFIDENTIALITY GRANTED) was employed in the at Wolf Creek.
C(. Jallegedcertainpracticesutilizedby T']epartmenthead, relating to " applications filed, investigative reports and-test results," were possibly illegal and unethical. On September ll, 1984,
) th of(eRegionalAdministrator,RegionIV,NRC,requestedaninvestigation
,. Jallegations(Exhibit 2).
On October 1, 1984, William J. WARD, Assistant to the Director, Office of Investigations, telephonically advised Reporting Investigator that he had reviewed the investigative files of the Wolf Creek Quality First (Q1) program. WARD stated he had reviewed a Q',,, file contaig ng a 1 detailedtranscriptofallegationsprovidedbyL j WARD ]
recommended this ipt be reviewed by Reporting Investigator prior l tointerviewing[trans l On October 25, 1984, Reporting Investigator and Connie M. SPAGNOLI, Investigations Assistant, Office of Investigations Field Office (01F0),
Region IV, conducted a review of the J1 investigative file and interview transcript concerning allegations ofL _3attheWolfCreekQ1 program office. The file indicatedL Jwas employed as l
[ Jtranscriptcontainedthefollowingallegations: )
- 1. (at Wolf Creek, manipulated applicant taking of the Minnesota ] G{g ,
Multiphasic Personality Inventory (MMPI) exam required by KG&E for employee security clearances.
- 2. (order)ossibly influenced the results of MMPI testing in to hire some personnel and not hire others.
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((PowerPlantOperatorSelecti'onSystem)
- 3. )instructedpersonnelclerkstoupgradere scores (quiredP.0.S.S4ht, described as an advanced utility helper's test) in order to make certain individuals eligible for employment. .
4.
(dataontheiremploymentapplications.) allowed several 6l7C fe
- 5. (requesting hilegedlymadesexualadvances(kissing,touchingand back massages) of female clerks working for him.
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KG&ErefusedtoprovideNRCwithacopyofth( ) transcript, 7D j claiming it contained confidential information which the utility did not I want to be made accessible via the Freedom of Information Act. .
i On October 25,1984,(. . ..) supra,wasinterviewedby 7D Reporting nvestigator and C. M. SPAGNOLI, supra in the office of attorney, )(Exhibit 3},. Also 7D presentwas( 'S q =p Jtated was employed for approximately _Q in this matter. L,] 1n the . =rp
. L ,,
at Wolf Creek. stated ' go duties related to g
,] D Thefollowingallegationswerepresentedby[ 3 D
- 1. [tests performed3 supra, possibly influences the results of MitPI E !"f C by both KG&E Security Department at Wolf Creek and the Psychological Sciences Corp. in Wichita, Kansas (a firm that contracts psychological testing services to KG&E)
(Ibid, page 9, line 16; pages 12-15; pages 23-27 and pages52-55).
- 2. (deny.;uses the required pre-employment testing procedures to certain individuals eligibility for hiring (Ibid, (o f 70 pages12-17).
- 3. binformation
]does not properly maintain the confidentiality of contained in employment applications and obtained 4 ( ye .
via pre-employment testing (Ibid, page 11, line 12 and pages17-20).
, 4. One individual was employed by KG&E without his taking the required MMPI test (Ibid, pages 20-22). )
- 5. (P.0.S].S.testscores(fbid,pages28-38).
directed (,
land other personn j
- 6. (employment 3 permitted several female employees to submit new applications subsequent to background
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investigations identifying falsified . entries on their original Al applications (Ibid,pages38-46). _]
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Q4-84-042 I
- 7. (workingintheL 31ntimidged and harassed(Ibid, '
KG&E pagesemp]loyees 46-51).
4 h 7C (all w !
- 8. C ) permitted some applicants to take MMPI tests at locations other than the usual Wolf Creek or Wichita, Kansas
'kTc '
locations (Ibid,pages56-59).
- 9. Equifax (the firm KG&E contracts with for conducting employee ;
background investigations) does not maintain the l confidentiality of persons being investigated (Ibid, i pages 59-63). , ,
l
) stated ()wasprovidedwithapersonalc,op of the transcript g of interview with KG&E Q1 investigators, and g agreed to send a .
copy of it to Reporting Investigator. j 1
Investigator's Note: To date, the transcript copp (supraj has not been provided to the 01 Field Offic Regi,q,n IV. , jadvised TD Reporting Investigator that he to TD l statements to the NRC relative to . ).,Jnottomakeany sexual 4hC harassment / advances toward[_]and other KG&E employees, as those ' T *b matters will be the subject of a civil suit being filed against -
j KG&E. 1
( )wasunabletoidentifyan KG&E site procedures or federal statutes violated as a result of .'] concerns TP On January 24, 1985, James A. KELLY, Physical Security Inspector, Region IV, NRC, was interviewed by NRG, Investigator Donald D. DRISKILL k at the NRC Region IV office regardingL 3 concerns 'ID !
(Exhibit 4) KELLY had previously, read the transcript of the interview withL Jandwasfamiliarwitht concerns. KELLY stated that he 1b hasperformedphysicalsecurityinspec]tionsatWolfCree and i familiar with the general subject areas associated wit ' 7D concerns. KELLY also stated he is aquainted with supra. 6 f ~ic are related 7D KELLY stated that most of the concerns expressed made in implementing the Wolf Creek site security plan. KELLY ' stated, however, that the requirements of the security plan are not imposed on KG&E until the plant is operational. KELLY stated he has a high degree of confidence in the MMPI testing program (required by the site security plan) in effect at Wolf Creek, based on his ipspecti 2ns. KELLY stated the P.0.S.S. testing program (referred to in L lallegation "TD number 5, supra) is not required by either the NRC or the Wolf Creek site se rity plan. KELLY stated he had no personal knowledge regarding alleged intimidation and harassment of clerks in the Wolf Creek 6 07C
[ .) KELLY committed to, on his next inspection, 4 !~ft Also, no d reviewtheKG&Erequirementsfor3rivacy]imposedonEquifax.
NRC violation exists relating to[ allegation number 9. D t
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Exhibits: .
- 1) James A. KELLY's Telephone Conversation Record /9-04-84 -
- 2) Region IV Invegtigation Requet.t/9-11-84 TD
- 3) Transcript ofL,iew with James A. KELLY /1-24-85)(ConfidentialityGranted)/10
- 4) Report of Interv ,
REPORTED BY: i mc t u_ blf [
Donald D. Driskill Senior Investigator 01 Field Office, Region IV APPROVED BY: & -
- Richard K.' H~ err,~ Director 01 Field Office,' Region IV Attachments
g As stated ,
cc: B.B. Hayes w/ exhibits .
E.C. Gilbert w/ exhibits R.D. Martin w/ exhibits T.F. Westerman w/o exhibits l
i DUiiOTCtci_0gr i coliTAH;3iD dary c?
CONF!DENiiAL sog,g., ,
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L C0tiTACT DIRECTOR,0I l 1
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_ Q4-84-042 REPORT OF INTERVIEW WITH 1 James A. KELLY . .
~ On dar. vary 24, 1985, Jar.es A. KELLY, Physical" Security Inspector, i Region IV, ,f;RC, was interviewed (Exhibit 4) by Reporting Investigator !
regarding y KELLY had previously been pro]vided a r,opy of the )concernsattheNP,CRegi)onIVof nterview transcript, and stated he was familiar with JoncernT. KELLY'was questioned regardingcachofL ,
conccins, and he made the the following i statc. ants relative to g x oncerns.
Withrespecttotheal!egationthat( l j po.ssibly I influences the results of M'iPI testing, KELLY stated that he.has performed inspections relative to the KG&E MMPI testing program. KELLY stated the testing program is required by the Wolf Creek Site Access Ccntrol Program; however, this NRC required program is not effective l until such tine as Wolf Creek becomes operational. KELLY stated that ,
, the M'iPI testing program is an imperfect science, and that in fairness 1 to cech applicant the results shculd be individually reviewed. KELLY stated that in some cases an individual may on.ly a marginal score in .
some phases of the MMPI test results and that' .. has the authority to accept bcrc'erline scores if he otherwise beIieves]an individual. 1
! a KELLY stated that
[ppli Ant is acceptable, could not influencebased the teston otherbut results, factors.
he could make subjective determinations relative to an individual's acceptability.
KELLY additionally stated that the Wolf Creek fiMPI program is one of the best administcred nuclear py nt tes ing programs he has inspec'ted. He allegation he believes observed (tated.,thatwithrespecttokmake these subjective determinations regarding accI applictnts, and believed he was influencing the test scores.
With regard to the allegation that L . ,,Juses the required pre-cr plcy. erit testing procedures to deny certain individual's eligibility for hiring, KELLY stated that /he de ision to hire or not j
,.bire a- .licents is a responsibility which t has. KELLY stated that q . has the authority to use the instruments in place, the MMPI, or other tests as v. ell as interviews to assist him in making these :
decisions concepping an applicant's acceptability. KELi.Y stated he saw no prcblen with L making these management decisions.
e ,
, With respect to the allegation thatt does not prcperly maintain the ccnfidentiality of irrformation contairfe'd in employment applications and cbtained, via pre-employmant testing, KELLY stated he has seen no.
cvic'cnce of this. KELLY also stated that he is not aware of any KG&E ruics/ipcedur_es or tiRC regulations which impose privacy standerds on A nc',E or in particular.
i - 1 With rS ard to the alltgation that one individual was u cloyed by KG&E }
withcut his taking the required MMPI test, KELLY stated that he is aware j '
it rare than ene individual was hired by KG1E. without having taken the 3 >
M FI tist prior to e gioy.sent. KELLY again stated that the security ;
plan tt ,virencrt inposing the use of the MMPI tests is not effective .
Q4-S4-op. -F7
($7D 1 eaum m
,, (4-E4-042 until such time es Wolf Crcek is an operational plant. KELLY stated that KGSE can hire irdividuals prior to. their taking the MMPI test. He stated that in these cases the KG&E Security Department pieces the .
~' inc'.ividual on probation until such time as they pass the MMPI test, -
therefore, their requirement to take the test"at some time is not being -
ignored. KELLY further stated that if KG8E wants to hire an individual ,
on a temporary basis, knowing he will be terminated prior to the ;
operational status of the site, MMPI testing is not required. KELLY )j stated that subsequent to' making this allegation to the KG&E Quality First (Q1) Investriators], Q1 performed a complete review of-personnel records to identify anyorg who Aad not t$en th MMPI exam.
With regard to the allegation that Jdirected _ and other- -
personnel clerks to falsify P.0.S.D(Power Plant Operator Selection System) test scores, KELLY stated that the P.O.S.S. tests are not an hRC ;
required test, therefore, NFC has no jurisdiction relative to the- !
grading of these tests. KELLY stated the same individuals who take.the i P.0.S.S. tcsts are also required to take the MMPI test for their ,
security clearance. KELLY was urable to further comment regarding this ,
allegation.
With respect to .the allegation permitted several female employees to submit new employment applications subsequent to background .
)!
investigations identifying falsifying entries on their original applications, KELLY stated he had discussed this with " . 7and I-
, admitted he had allowed sevg.ral i ividuals to resubmfrempitrymenS ]
applications. KELLYstatedL explained that the entries which were falsified (not further identified were minor in nature and that the
- individuals had, during their erployment with KG&E, exhibited redeeming qualities. KELLY statod that insomuch as the Wolf Creek security plan 4
[snotcurrentlyeffective,hehadnobasisonwhichtositeKG&Efor-
,] activity.
With rcspect to the allepption thath )intimic' ted and harassed.KGLE employces werking in the - KELLY stated that he had no knowled n harassment by[ ge )or HTtt was KELLY he ever unableseen any evidence to further of intiaidation or com.cnt regarding this allegation.
With regard to the allegation thatk permitted some applicants to take MMPI tests at locations other than t e usual Wolf Creek or Wichita, Kansas locations, KELLY stated that KG&E has contracted with various other firms for the administering of MMPI exams. KELLY stated he did not see any problem with an applicent taking the exan at a location near his home if it was properly arranged by KG&E.
With regard to the allegation that Equifax (the firm KCLE centracts with !
for the ccnducting of caployee background investigations) does not :
mintain the confidentiality of persons being investigated, KELLY stated '
that he would look into this matter during further inspecticns. KELLY 4 stated that he does inspect the Equifax ccmpany as their activity 4 relates to the Wolf Creek site Security Plan. ,
Er.d of Peport of Interview with KELLY. .
l
'l 2 EX41EIT (4). l
c _. - - -
f'- CONFlDEhTIALITY AGREEMENT I have infomation that I wNn to provide in confidence to o e U. S. Nuclear
' iculatory Comission (NRC). I request an express pledge of confidentiality as a condition of providing this information to the NRC. I will not provide this information voluntarily to the NRC without such confidentiality being extended to me, It is my understanding, consistent with its legal obligations, the NRC, by i;reeing to this confidentiality, will adhere to the following conditions: -
l (1) The NRC will not identify me by name or personal identifier in any NRC initiated document, conversation, or communication released to the public which relctes directly to the inforination provided by me. I understand the term "public. release" to encompass any distribution outside of the NRC with'the exception of other public agencies which may require this information in l futherance of their responsibilities under law or public trust. j (2) The NRC will disclose my identity within the NRC only to the extent J required for the conduct of NRC related activities.
{
(3) During the course of the inquiry or investigation the NRC will also make every )
cffort consistent with the investigative needs of the Commission to avoid actions '
which would clearly be expected to result in the disclosure of my identity to persons subsequently contacted by the NRC. AT a later stage I understand that even though the NRC will make every reasonable effort to protect my identity, j my identification could be compelled by orders or subpoenas issued by courts of '
law, hearing boards, or similar legal entities. In such cases, the basis for granting this promise of confidentiality and any other relevant facts will be.
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connunicated to the authority ordering the disclosure in an effort to maintain my confide'ntiality. If this effort proves unsuccessful, a . representative of the NRC will attempt to inform me of any such action before disclosing my identity, q 1
I also understand that th'e NRC will consider me to have waived my right to . I confi'dentiality if I take any action that may be reasonably expected to disclose my identity. I further understand that the NRC will consider me to have waived my rights to confidentiality if I provide (or have previously provided) information to any other party that contradicts the information that I provided to the NRC or if circumstances indicate that I am intentionally providing false information to the NRC.
l Other Conditions: (ifany) ,
I have read and fully understand the contents of this agreement. '
I' agree with . .
its provisions.
f
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Nte Signature 2f source of infopnation Typed or Printed Name and Address a
L
'sgreed ,to on behalf of the US Nuclear Regulatory Commission .
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Ee' Signature, Typed or Printed Name and Title evision 1. Ob E4-OO Exhibit (3) 5
.j NRC FORM 306 UJ. NUCLEAR REGULATORY CoMMISSloN 18421 INVEST 1GATION STATUS RECORD instruction : Th vorm i. to b. c p t.o on ar .,gn rant activity n aaurr.e ,. .t. to a eu. ., et i t rv 3e e.v is no ch.n, hu ocever.a aurine en.
33 d.Y F. porting p.riod. W.D.t. NO Ch.ng." ifi th. .t.tW. b40Ck. K D th. OrigtFW with th. C fil. .nd nd On. COPY to H..dQuart.fl.
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- '***"^"*"'^C7" ' ' '""**^' es =se n 0I FIELD 0FFICE Q4-84-042 -
8 @r'*Mo*,',"
u .u' atsmiacsause REGION IV 1 _
v .ve=oca x .orwen
^""' ' " "' WOLF CREEK GENERATING STATION: ALLEGED DRISKILL FALSIFICATION OF PERSONNEL RECORDS BY
- TATus ssese,rr a.c.. na a,w,a. . en.r oservema> K A N S A S GAS & ELECTRIC C0.
r M t' L U 1 r r s An NRC Region IV inspector reported to the Region IV OI Field Ottice that he recently had a conversation with a Kansas Gas & Electric Co.
KG&E) employee, wherein it was alleged that management in the KG&E P
Jat Wolf Creek have falsified information contained%
n the personnel records of some KG&E Wolf Creek employees.
ECD: December 1984 A DATE: On October 25, 1984, investigator interviewed the alleger. i
. No further interviews are necessary at this time. Anticipate l report to be completed during November 1984 time frame. 1 ECD: November 1984 DATE: November 30, 1984 - Report of Inquiry has not been written due'to other higher-priority cases that require immediate attention. Anticipate l forwarding completed report to 01 headquarters during December 1984 time frame. ECD: Unknown j DATE: December 31, 1984 - Due to the status of other investigations presently in the final report stages, anticipate completion of this inquiry during the January / February 1985 time frame. ECD: Unknown j e
DATE: January 31, 1985 - The, Report of Inquiry was CLOSED January 30, 1985, i
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Q4-44-o4a -p
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