ML20246B891
| ML20246B891 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 02/28/1986 |
| From: | Devine T GOVERNMENT ACCOUNTABILITY PROJECT |
| To: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20246B872 | List: |
| References | |
| NUDOCS 8908240068 | |
| Download: ML20246B891 (6) | |
Text
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GOVERNMENT ACCOUNTABILITY PROJECT 1555 Connecticut Avenue, N.W. Suite 202 (202)232 8550 Washington. D.C. 20036 February 28, 1986 Mr. Victor Stello Acting Director Executive Director for Operations U.S. Nuclear Regulatory Commission Washington, D.C.
20555
Dear Mr. Stello:
the Citizens Clinic of the Government I am As you know, represents Mr. Joe Macktal.
(GAP)
Accountability Project the supervising attorney responsible for the case.
The purpose of this letter is to inform you cf the position instruc-on the staff's February 25 of our client, Mr. Macktal, 1986 with Region IV tions to report for an interview on March 5,Mr. Macktal wishes to provide As you know, information to the NRC about what he believes are significantUnfortunate personnel.
irregularities at the Comanche Peak plant. interview have not yet been agre Since all parties are seeking the common goal of ensuring arrangements for the facts known to Mr.and investigation, Mr. Macktal and I are confident m
inspection,
' JA
that we will achieve a consensus.
j ~
let me summarize the contacts betweer.
By way of background, In January 1986 Mr. Macktal contactedwhc Mr. Macktal and the NRC. GAP Environmental Whistleblower Clinic Dire contacted Mr. Vince Noonan of the NRC Technic (TRT).
Ms. Garde issues and evidence he sought to and provided a summary of theShe also co.mmunicated to tre NRC that th She did not provide his name to Mr.
disclose.
desired confidentiality.An initial interview was scheduled with Mr. Noonan and Garde learned that the conditions of the Noonan.
Mr. Macktal woeld not be permitted to Mr. Westerman, Ms.
interview had changed:and therefore would not be protected by its Ms. Garde then delayed speak with the TRT, procedures for processing allegations.the interview until acc he j
interview could be arranged.
after contacting TUGCo for personal i
Subsequently Region IV, initiated numerous contacts with information about, cur client, letter, setting forth dates for him by both telephone andIn initiating these contacts, Region IV personnel interviews.
inform his lega1 counsel at GAP of the bypassed and did not communications.
8908240068 890817 PDR COMMS NRCC CORRESPONDENCE PDR N
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t Mr.- Victor Stello February 28, 1986 Page 2 i
1986 and February 3, 1986, GAP I
By letters dated January 31, Citizen Clinic Director Tom Carpenter brought some of GAP's major f
concerns about the Region IV interview to the Commissioners andUnfor the Executive Director, respectively.
1986 been no response from the Commission to GAP's Januar While you replied to the letter, you did not address our
- letter, in specific concerns whether the allegations would be processed tion.
I professional manner that does not threaten Mr.
an objective, Macktal's rights.
I am disappointed that the staff has chosen to react in anon two o inappropriate, heavy-handed manner.
This aggressive approach has been threatened with a subpoena.We have consistently sought to further goal that the NRC aggressively pursue his concerns.'
We, in fact,
)
baffles us.
initiated the process.
Unfortunately our knowledge and experience about the-NRC's investigation of allegers'. concerns and the treatment of Mr.
Macktal by Region IV leave us no choice but to pay p so as not to result in irreparable harm to him.
- client, first, the historical The basis of our concern is twofold:
record of arbitrary misconduct by Region IV.in dealing with allegers, protecting their confidentiality, and investigatingthe s their concerns; and second, by Region IV to date.
our general concerns about Region IV are derived from:
i Region IV's handling of the confidential allegations of Charles Atchison by the resident inspector and a 1) investigator in 1982.
In that case, as you Mr.
I know, Mr. Atchison's confidentiality was breached byThe Region IV
~
the resident inspector.
and his charges were initially ignored by the Later, Region IV investigators went to utility executives to perform the investigation insteed investigator.
Mr.
of conducting an adequate site inspection.
- However, Atchison's charges were eventually confirmed.
No the damage was done to Mr. Atchison and his career.
action was ever taken against any NRC employees in Region IV as a result of,the misconduct.
The failure of Region IV resident inspectors andto respond regional staff and management in March 1984to t 2) 1
Mr. Victor Stello February 28, 1986 Page 3 quality control inspectors who were being held hostage by utility management in a guarded room while their desks and offices were being searched for do Apparently no action has been his to raise internally.taken against any of the NRC employees invo although all but one of the QC inspectors involved were laid of f and left the project soon after,
- incident, including the worker who requested help from the NRC(Se for his helpless co-workers.
1985) of Inspector and Auditor, Augus't The failure of the NRC resident and/or regional the following former Comanche Peak emp 3) 76-I 1984:
a.
J. R. Dillingham, Jr.
b.
Jack Doyle Mark Walsh c.
d.
Dennis Culton Bob Messerly e.
Bob and Cordella Hamilton f.
I Bill Dunham g.
Corey Allen h.
Henry and Darlene Stiner i.
j.
Stan Miles k.
Joe Krolak 1.
John Gates Lester Smith m.
Freddie Ray Harrel n.
o.
Roy Combs "Robbie" Robinson p.
q.
Bob Bronson Larry Witt r.
Dobie Hatley s.
We incorporate herein This list is not comprehensive.
l by reference the Region IV inspection records of all of l
the allegations raised by the above-named individua s l
as evidence of the historical inef festiveness of th Region IV inspection efforts.
to recognizc from 1976 to 1984 i
l The failure of Region IV and take action on a system-wide failure of the qu L
4)
- SSEI, assurance program at (See Appendix P, of the evidence available to it. system-wide QA/QC breakdo
- 11 regarding the L----_-__--_____,
l
' Mr. Victor Stello February 28, 1986
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Page 4 The pattern of insensitivity of the Region to many internal NRC regulations and procedures on such items.
5) l as revealing draft inspection reports to the subject of (See generally, the record'of the.
the investigation.
1982-83 Hayward Tyler Pump incident)
Region IV has already Specifically, as to Mr. Macktal,
" Management of violated the NRC Manual, Chapter.0517, Allegations," which requires that "all allegations, no matter how l
are subject to processing in accordance with this l
originat-ad, manual chapter."
The manual requires-that Initial exposure of identity.
where an alleger seeks to protect his contacts with-the 1)
NRC from public knowledge, the alleger be treated to confidentiality.
Mr.'Macktal, through Ms. Garde, requested such treatment on January. 21, 1985.
the Fort Worth Star-Telegram ran On January 23, 1985, an article naming Mr. Macktal as being forced.to No mention was made in the article-about Mr.
resign.
Macktal's contacting the NRC.
after Region IV had obtained our Two days later, client's unlisted telephone number from the utility, he No 3
was called at home to schedule an interview.
(
attempt was made to get in contact with Mr. Macktal first through either the newspaper or through Billie.
who is named in the article as Mr. Macktal's
- Garde, legal representative, or through the citizen I
intervenor.
in direct violation of the NRC manual's l
j instructions on confidentiality, Region IV personnel
- Insteed, the went to the utility company, leaving no doubt that l
NRC would soon be in contact with our witness --
contact that Mr. Macktal had wished to' protect.
Continuina violation of Mr. Macktal's right toNotwithstandin j
i 2) confidentiality.
l instructions of Mr. Macktal to Region IV personnel.to (or GAP),_and Ms. Garde's clear ~
contact Ms. Garde instruction to NRC representatives that Mr. Macktal i
requested confidentiality; the NRC refused to comply with its written manual chapter on dealing with allegers by mail.
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l
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Mr. Victor Stello February 28, 1986 Page 5 Mr. Macktal has received two letters from Region IV, neither letter stamped " confidential" or having been processed according to NRC procedures for confidential Mr. Macktal's name and address correspondence (i.e.,
The manual are now available to the public at large).provides that even chapter, page Al-4(2),
being processed within the NRC should conceal the (See also, Part V, alleger's name and identity.
paragraph 7, pages Al-7)
Mr.
Violation of the sincle point accountability.in summary, to the Macktal's allegations were provided,However, prior to 3)
An interview was scheduled.the organizational TRT.
the interview taking place, responsibility for handling our client's claims was the According to Part IV, paragraph 2, witness should be contacted by the individual being transferred.
No such courtesy relieved to " assure continuity."
calls were made to either Mr. Macktal or Ms Garde, or GAP.
which we incorporate by Based on the record above, reference in this letter, we find it difficult to accept yourill assurance that the management of Mr. Macktal's allegations w now be handled according to Chapter 0517.
~
e Nevertheless, because Mr. Macktal has specific concerns w
h Peak, we which are relevant to the ongoing evaluation of Comanc e ff for are prepared to make Mr. Macktal available to the NRC sta an interview.
for the procedures to be i
We propose the following agreement d the enforceable for any communications between Mr. Macktal an NRC:
Mr. Macktal will be available for an interview on M at at the Government Accountability Project, 1)
N.W.,
Washington, D.C.,
at 10:00 5,
- 1986, 1555 Connecticut Ave.,
(The date and time may be adjusted to the a.m.
l than paying for my plane fare and of the NRC.)
for the government Mr. Macktal wishes to have Garde's to Dallas.
is counsel for the interview and Ms. Garde's assistance Ms.
Mr. Macktal cannot essential for my representation. cover any transport Prior to the interview, the NRC staff will have an opportunity to sign a statement comr.itting the agency 2) to comply with the procedures for nanagement of L-------------___________
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i i
Mr. Victor Stello February 28, 1986 i
Page 6 allegations outlined in the imC Manual Chapter 0517, Management of Allegations.
Hopefully, Thank you for your cooperation in this matter.
we can reach a consensus on all procedural matte a
devoted to the evidence.
a Yours truly, I
4
-^
j.
Thomas Devine Counsel for Mr. Macktal J
i i
TD:43415 I
3..
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