ML20249C504
| ML20249C504 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 05/27/1998 |
| From: | Beck J AFFILIATION NOT ASSIGNED |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| References | |
| ITPOP-98-0023, ITPOP-98-23, NUDOCS 9806300186 | |
| Download: ML20249C504 (5) | |
Text
OL Iy &
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Little Harbor Consultants,Inc.
l Millstone-ITPOP Project Office i
P.O. Box 0630 Niantic, Connecticut 06357-0630 j
Telephone 860-447-1791, ext 5966 Fax 860-444-5758
)
May 27,1998 I
l Docket Nos. 50-245 50-336 l
50-423 l
)
ITPOP 98-0023 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555-0001 l
l i
Millstone Nuclear Power Station, Unit Nos.1,2, and 3
Dear Sir:
Early in April, Little Harbor Consultants, Inc. (LHC) became aware that Mr. David Brown who had reached a settlement during the winter of 1997-98 with Northeast Utilities (NU or the Company) to resolve allegations of harassment, intimidation and discrimination at Millstone Point 4
had sought to reopen the settlement negotiations and alleged that the earlier settlement discussions had been tainted by coercion and duress. He also alleged that one of LHC's members had acted improperly in connection with the negotiations or settlement. On April 7, LHC retained an outside j
law firm to conduct an independent investigation of those allegations. That investigation is now complete. It not only found no evidentiary basis for the allegations,but found that the available I evide'nce,consistingofcontemporaneousdocumentsandinterviews,substantiallyrebutsthem.This I
letter summarizes those allegations and the results of the independent investigation.
//O
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The investigators had unfettered access to NU and LHC personnel and records, and are believed to have interviewed everyone connected with the allegations except Mr. Brown. The reason for that ' gap is simple: Mr. Brown's attorney would not permit it. The investigators telephoned Mr.
Brown's attorney during the week ofApril 13, and requested him to provide concrete allegations and u'nderlying facts to assist in framing the issues to be addressed in the investigation, and also requested an in-person meeting with Mr. Brown to discuss his issues and concerns. Mr. Brown's attorney declined both requests, but asked the attorneys conducting the investigation to put them in writing. The attorneys conducting the investigation did so in a letter dated April 17 to Mr. Brown's counsel. That letter reads in part:
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U.S. Nuclear Regulatory Commission Page 2, ITPOP 98-0023 L
[We] called to ask you to provide us with concrete allegations and underlying facts l
to assist us in framing the issues to be addressed in our investigation. We also asked -
L ifyou would arrange an in. person meeting with Mr. Brown to discuss his issues and concerns.
j i
In response to our request, you stated that you could not discuss Mr. Brown's
!h concerns because they were privileged. You also stated that you doubted that it was in Mr. Brown's interest to discuss his allegations with us. You asked, however, that we put our requests in writing so that you could discuss them further with Mr.
4 Brown. This letter coniplies with that request.
As we stated in our conversation, we believe that a frank airing of the issues raised by Mr. Brown is to the mutual benefit of LHC and Mr. Brown. Accordingly, we urge you to reconsider your decision not to discuss this matter with us.
No _ response has ever been received to this letter. Nor has counsel for Mr. Brown subsequently -
contacted LHClor the outside firm which conducted this investigation in any other fashion.
r The allegations set forth below were identified on the basis of allegations made by Mr. Brown to an officer of the Company:
Allegation 1: LHC acted improperly by conspiring with the Company to force Mr. Brown out of the
- Millstone facility.
Findings: No evidence supports the allegation that the Company and LHC conspired to drive Mr.
Brown out of the Millstone facility. To the contrary, the evidence overwhelmingly shows that it was
< Mr. Brown's idea and desire to leave the Millstone facility for a non-nuclearjob and that he changed j
his mind only when the newjob he requested and was given did not meet his expectations.
j
. Allegation 2: Mr. Brown's settlement agreement was the product of duress dnd coercion.
]
Findings: The investigators were unable to find any evidence supporting Mr. Brown's claim that the settlement agreement was the product of duress and coercion. Exhibits attached to the report, moreover, support the opposite conclusion, as do various witness interviews.
Allegation' 3: Billie Garde acted unethically by interfering with Mr. Brown's attorney-client relationship with a named attorney.
l Findings: The investigators were unable to find any evidence to substantiate this claim. To the
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contrary, there was evidence that Mr. Brown either clearly represented himself at various stages of L
the negotiations or had retained the services of an attorney for review and comment on the proposed agreement.
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U.S. Nuclear Regulatory Commission Page 3,ITPOP 98-0023 Allegation 4: Billie Garde acted as Mr. Brown's attorney in connection with the settlement negotiations.
. Findings: No evidence was found that Billie Garde functioned as Mr. Brown's attorney. Ms. Garde was cognizant that Mr. Brown was represented by named counsel in other potential litigation against I
the Company, and insisted that the named counsel be kept apprised of Mr. Brown's settlement negotiations, up to the point that Mr. Brown withdrew from the potential lawsuit. Both Ms. Garde j
and the senior Company official negotiating with Mr. Brown understood that no settlement of the other potential litigation could be discussed with Mr. Brown while he was represented by counsel g
and Mr. Brown was repeatedly informed of this fact. The Company official witnessed Ms. Garde telling Mr. Brown repeatedly that she was not his lawyer, and could not act as his lawyer. Ms. Garde also provided Mr. Brown, at his request, with the name of another attorney so that his settlement agreement couid be reviewed by counsel on his behalf. The other attorney confirmed that Ms. Garde had stated to her that Ms. Garde could not review or negotiate Mr. Brown's se% ment agreement
'.because that would not be consistent with her oversight role, and that Ms. Garde nad also so stated to Mr. Brown.
Other witnesses confirm that Mr. Brown initiated contact with Ms. Garde and that he was eager to discuss resolution of the other potential litigation with her. Mr. Brown was told by a Company ECP investigator, who was investigating earlier issues involving Mr. Brown, that it was appropriate for Mr. Brown to contact Ms. Garde. Mr. Brown often called and visited Ms. Garde during the negotiation period, but the impetus for the calls and visits came from Mr. Brown. Not a single witness who observed Ms. Garde's conduct throughout the entire ECP investigation and the settlement negotiations believed that she was acting as Mr. Brown's attorney.
The report concludes that Mr. Brown's " allegations regarding i HC and Billie Garde lack credibility and are not supported by the facts. Accordingly, we believe that these allegations should have no i
impact on the NRC's deliberations regarding LHC's conclusion that the Millstone site has achieved
.,'. a sufiicient state ofreadiness vis-a vis a Safety Conscious Work Enviro'nment ' o support resumption t
. of Unit 3 operation."
3 Sincerely, l
W.
. John W. Beck President, LHC Team Leader,ITPOP cc: Distribution l
t W____
L U.S. Nuclear Regulatory Commission
- Pige 4, ITPOP 98-0023_
Distribution:
John Streeter, NNECo -
Charles Brinkman, Manager Washington Nuclear Operations Harry L. Miller, NNECo ABB Combustion Engineering Nuclear Power 12300 Twinbrook Pkwy, Suite 330 William J. Temple, NNECo Rockville, MD 20852 Mr. John Buckingham Cheryl Grise, NNECo Department of Public Utility Control Electric Unit Michael Quinn, ECOP 10 Franklin Square New Britain, CT 06051 U.S. Nuclear Regulatory Commission Attn: W.D. Travers Citizens Regulatory Commission Mail Stop: 014D4 ATrN: Ms. Susan Perry Luxton Washington, DC 20555-0001 180 Great Neck Road Waterford, CT 06385 U.S. Nuclear Regulatory Commission Attn: P.F. McKee Citizens Awareness Network Mail Stop: 014D4 '
54 Old Tumpike Road Washington, DC 20555-0001 Haddam, CT 06438 U.S. Nuclear Regulatory Commission Attn: H.N. Pastis The Honorable Terry Concannon Nuclear Energy Advisory Council Mail Stop: 014D4 Legislative Office Building Washington, DC 20555-0001 Hartford, CT 06106 l
Mr. Wayne D. Lanning Mr. Evan W. Woollacott US NRC Region l' Co-Chair 475 Allendale Road Nuclear Energy Advisory Council King of Prussia, PA 19406-1415 128 Terry's Plain Road Simsbury, CT 06070 Kevin T. A. McCarthy, Director Monitoring and Radiation Division Ernest C. Hadley, Esquire Dep' rtment of Environmental Protection 1040 B Main Street j
a l
79 Elm Street P.O. Box 549 l
l Hartford, CT 06106-5127 West Wareham, MA 02576
-j Allan Johanson, Assistant Director Mr. Paul Choiniere Office of Policy and Management "The Day" Policy Development and Plasming Division 47 Eugene O'Neill Drive 450 Capitol Avenue-MS 52ERN New London, CT 06320 l~
P.O. Box 341441 Hartford, CT 061341441 Bob DeFayette 100 King Street First Selectmen Gettysburg, PA 17325 Town of Waterford Hall of Records Don Beckman 200 Boston Post Road ~
1071 State, Route 136 Waterford, CT 06385 Belle Vernon, PA 15012
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