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g NUCLEAR REGULATORY COMMISSION E WASHINGTON, D. C. 20555 O | |||
k...../ DEC 2 81997 MEMORANDUM FOR: Chairman Zech Comissioner Roberts Comissionce Bernthal Comissioner Carr Comissioner Rogers FROM: Sharon R. Connelly, Director Office of Inspector and Auditor | |||
==SUBJECT:== | |||
REVIEW OF NRC'S RELATIONSHIP WITH TVA'S NUCLEAR SAFETY REVIEW STAFF (NSRS) | |||
Attached is our report on the results of our review of NRC's relationship with the Tennessee Valley Authority's (TVA) Nuclear Safety Review Staff (NSRS) regarding NRC's receipt and distribution of NSRS reports prior to January 1, 1985. | |||
This review was conducted in response to.a letter dated March 19, 1986, from Congressman John Dingell to the Chaiman. The Chairman provided Congressman Dingell with an interim response dated June 4, 1986, and informed Congressman Dingell that the Office of Inspector and Auditor (01A) would obtain the additional information not included in the interim response of June 4,1986. | |||
The attached report contains the information we obtained in response to Congressman Dingell's request. | |||
Our review was conducted during the period from July 1986 through June 1987. | |||
We relied primarily on responses to questionnaires sent to certain current NRC Headquarters personnel; certain current and former NRC Region II personnel; and certain current and former TVA personnel. In addition, we interviewed two former senior officials of NRC Region II and one former NSRS official. | |||
Conclusion Based on our review of responses to the questionnaires and interviews we found there were no formal or informal arrangements between NRC and TVA's NSRS to routinely provide NSRS reports to NRC prior to January 1, 1985. Our review indicated that NRC's senior regional management was aware of NSRS' existence and general activity since NSRS' inception. Both Region II and NSRS understood that the NSRS organization and its activities were not a regulatory requirement. However, NSRS did cooperate with Region II in providing NSRS reports when requested by Region II senior management or by Region II inspectors when visiting a TVA site. | |||
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DEC 2 81987 2 | |||
Our review identified 29 NSRS reports that the NRC Headquarters and Region II staffs had access to or received. This includes six reports previously identified in NRC's June 4.-1986 interim response to Congressman Dingell. | |||
Sharon R. Connelly, Director Office of Inspector and Auditor | |||
==Attachment:== | |||
As stated cc: S. Chilk, SECY W. Parler, 0GC V. Stello, EDO J. Taylor, EDO T. Murley, NRR T. Rehm EDO S. Ebneter, OSP H. Denton, GPA J. N. Grace, RII j | |||
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i TABLE OF CONTENTS Page | |||
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INTRODUCTION 1 i | |||
BACKGROUND 1 SCOPE 2 ; | |||
METHODOLOGY 2 FINDINGS 3 SURVEY QUESTIONNAIRE 4 FOLLOW-UP QUESTIONNAIRE 5 FORMAL ARRANGEMENTS 5 6-INFORMAL ARRANGEMENTS i | |||
NSRS REPORTS REQUESTED / RECEIVED / READ BY NRC EMPLOYEES PRIOR TO JANUARY 1, 1985 9 i | |||
NSRS REPORTS PROVIDED BY TVA EMPLOYEES PRIOR TO JANUARY 1, 1985 11 . | |||
INTERVIEWS WITH FORMER SENIOR OFFICIALS 12 | |||
==SUMMARY== | |||
OF NSRS REPORTS RECEIVED / READ BY l NRC EMPLOYEES 12 CONCLUSION 12 ; | |||
APPENDICES > | |||
1 Appendix I - Memo frm Congressman John Dingell to NRC Chairman dtd 3/19/86 Appendix II - Memo frm NRC Chairman to Congresscan | |||
; John Dingell dtd 6/4/86 Appendix III - Memo frm Director, DIA, to NRC i Chairman 'dtd 7/17/86 Appendix IV - Examples of Questionnaires sent to Current and Former NRC Employees and Current . | |||
and Former TVA Employees : | |||
: Appendix V - Foll'ow-up Questionnaire | |||
: t Appendix VI - Copy of Respense frm Former Director, ; | |||
NSRS e | |||
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Appendix VII - Schedule of NSRS Reports Read by HRC Region II Personnel Prior to 1/1/85 Appendix VIII - TVA Employees Who Identified NSRS Reports Provided to NRC , | |||
Appendix IX - NRC Employees Who Identified NSRS Reports P.ead/ Received Prior to 1/1/85 i | |||
e s INTRODUCTION The Office of Inspector and Auditor (OIA) has conducted an inquiry to deter-mine whether the Nuclear Regulatory Comission (NRC) had any formal or informal arrangements with the Tennessee Valley Authority (TVA) for the routine receipt or distribution of TVA's Nuclear Safety Review Staff (NSRS) reports prior to January 1, 1985. The NSRS, which is no longer in existence, was responsible for independently reviewing and monitoring all aspects of the TVA nuclear program, and providing advice to the TVA Board of Directors. | |||
BACKGROUND The Chairman, NRC, received a letter dated March 19, 1986, from Congressman John D. Dingell, Chaiman, Subcomittee on Oversight and Investigations, Comittee on Energy and Commerce, U.S. House of Representatives, requesting certain information regarding TVA's NSRS reports (Appendix I). Essentially, Congressman Dingell requested information regarding NSRS reports published prior to January 1, 1985, and the arrangements by which those reports may have been provided or made available to the NRC staff. In particular. Congressman Dingell wanted to know the names of the NSRS reports provided, the names of NRC staff who received them, the names of TVA personnel who provided them, and the final disposition of the reports. | |||
Congressman Dingell suggested that the specified information he wanted be obtained from all current or fomer NRC employees who were based in Region II from January 1, 1980 through January 1, 1905 and were at the Project Branch Chief level or above. He requested that infomation be provided by sworn affidavit. He also requested that employees who do not possess information of this kind should 1e requested to so state under oath. | |||
In addition, Congressmar Dingell requested that past and present senior NSRS officials be interviewed under oath for the purpose of determining their knowledge of providing NRC staff with copies of NSRS reports during the period l of January 1, 1980 through January '., 1985. j By letter dated Jttne 4,1986, the Chairman, NRC, provided Congressman Dingell with an interim response to his request (Appendix II). The interim response contained information obtained from current NRC employees who were in the Region II office during the specified period, and who held the position of Branch Chief or above. The response also identified six NSRS reports the Region II staff had access to or received, and noted three additional, unidentified reports had been received from confidential sources. | |||
The Chaiman infomed Congressman Dingell that the interim response did not include info mation from former NRC employees or present and past TVA employ- | |||
) ees. The Chairman stated that OIA would obtain the infomation regarding past | |||
!JRC enricyees end wrrent anti past TVA trpioyees. | |||
By memorandum dated June 4, 1906, the Chairman requested the Director, OIA, to obtain the infomar. ion described in the interim response. l l | |||
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i SCOPE Our review was conducted in accordance with generally accepted Government auditing standards during the period from July 1986 through June 1987. Our review relied primarily on responses to questionnaires sent to certain current NRC Headquarters personnel; certain current and former NRC Regicn 11 personnel; and certain current and fomer TVA personnel. In addition, we interviewed under oath, James P. O'Reilly, former Regional Administrator, Region II; Richard Lewis, former Deputy Regional Administrator (and prior to that, Director, Division of Reactor Projects and Resident Programs) Region II; and Kermit Whitt, former Assistant Director, NSRS, TVA. | |||
METHODOLOGY By memorandum dated July 17, 1986, we informed the Comission of our plans to obtain the informa' tion requested by Congressman Dingell (Appendix III). Our review depended substantially on the use of survey questionnaires designed to solicit responses to Congressman Dingell's inquiries. We initially surveyed all current and fomer Region 11 professional staff regardless of position; certain current NRC Headquarter's staff who were likely to have knowledge of TVA related activities; and certain current and fomer TVA personnel, including all former NSRS personnel, who were likely to have knowle fge of NSRS reports provided to NRC. The purpose of the survey questionnaire was to identify those NRC personnel who had or may have had access to or read NSRS reports, and those TVA personnel wte had or may have provided or made available such reports to NRC. For n ample, region based inspectors who were not in a position of branch chief or above, may have visited a TVA site and had access to NSRS reports. To that extent, our interest was in identifying as many personnel as possible who were aware of or had access to such reports. | |||
Copies of our survey questionnaires are at Appendix IV. | |||
We sent survey questionnaires to current NRC e.T.ployees on August 12, 1986. In order to solicit written information from everyone except NRC employees, Office of Management and Budget (CMB) approval was required in accordance with the Paperwork Reduction Act of 1986 (44 U.S.C. Chapter 35), and NRC Manual Chapter 0230, "Collection of Information and Reports Management." CMB approval was received on September 5, 1986, and was effectivo through i September 30, 1987. This OMB requirement applied to non-current NRC employees and both current and non-current TVA employees. We sent survey cuestionnaires to former NRC employees on September 23, 1986; and to current and former TVA employees on October 7, 1986. | |||
Upon receipt of the responses to the survey questionnaire, we mailed a follow-up questionnaire to selected respondents who indicated some knowledge of or involvement in the relationship between NRC and NSRS. The second , | |||
questionnaire was designed to obtain more detailed infomation regarding their knowledge of NSRS reports to which NRC had access. A copy of the detailed , | |||
follow-up questionnaire is at Appendix V. | |||
In February 1987, we also sent a follow-up letter to individuals who had not yet responded to the initial questionnaire requesting that they respend. | |||
To ar.comodate Congressman Dingell's request to obtain the information under oath or by sworn affidavit, both questionnaires required each respondent to 1 sign a statement attesting to the accuracy of the infomation provided. To assure that the statement met the legal intent of Congressman Dingell's | |||
3 requirement, we used a statement of certification from Title 28, Judiciary and Judicial Procedure, paragraph 1746, Unsworn Declaration Under Penalty of Perjury. At our request, the Office of the General Counsel, NRC, reviewed the usage of the statement and, by memorandum dated August 8, 1986, informed us that the statement of certification was acceptable. | |||
The one objection to the questionnaire we received from some recipients was their reluctance to sign the certification statement. We encouraged respondents to sign the certifications but, in some cases in order to get responses, agreed to respondants' requests to alter the wording in the certification to state in essence, that the information provided was true and correct "to the best of their knowledge." | |||
At the outset of our review we decided to interview both James P. O'Reilly, former Regional Administrator, and Richard Lewis, former Deputy Regional Administrator, Region II, rather than sending them questionnaires. These interviews were conducted on May 13, 1987. The information was .provided under oath and recorded by an independent, professional reporting service. | |||
We did send questionnaires to the former managers of NSRS. We also interviewed Kermit Whitt, former Assistant Director, NSRS, on May 12, 1987. | |||
Because of the detailed response to our questionnaire provided by the fomer Director, NSRS, we did not see a need to interview him. A verbatim copy of his response is provided as Appendix VI. | |||
FINDINGS The results of our interviews and the responses to our questionnaires indicate that a vast majority of both current and former NRC and TVA personnel we surveyed were unaware of any formal or informal arrangement between NRC and TVA's NSRS to routinely provide NSRS reports to NRC prior to January 1,1985. | |||
Our analysis showed that 96.5 percent of the respondents believed there was no formal arrangement and 87.1 percent believed there was no informal arrange-ment. The absence of formal or informal arrangements was also confirmed in our interviews with both Mr. O'Reilly and Mr. Lewis the former Regional Administrator and Deputy Regional Administrator, respectively, as well as Mr. Whitt, former Assistant Director for NSRS. | |||
Our review indicated that NRC's senior Regional management was aware of NSRS' existence and general activity since NSRS' inception. However, both Region II , | |||
and NSRS understood that the NSRS organization and its activities were not a regulatory requirement. Therefore, NSRS was not required to report to NRC, TVA was not required to provide NSRS' reports to NRC, and NRC was not required to inspect or oversee NSRS' activities. | |||
Notwithstanding this, NSRS did cooperate with Region II in providing NSRS reports when requested and in attending NRC Region II enforcement conferences regarding TVA's nuclear power program. Based on our discussions with Mr. O'Reilly, Mr. Lewis and Mr. Whitt, the majority of interactions between , | |||
NRC and NSRS occurred between Mr. Lewis and Mr. Whitt. It appears that their i relationship was open and informal. Further, some Region II staff, (i.e., the resident inspectors ) did solicit or review NSRS reports as part of their l routine activity at the site. They did not consider NSRS reports to be "off-limits." | |||
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Our review showed that reports were generally provided by NSRS to Region II upon their request. In most cases, the requests were by Mr. Lewis in his position as Director, Division of Reactor Projects and Resident Programs, to Mr. Whitt, the Assistant Director, NSRS. The reports were then either returned to NSRS, thrown away, or, in some cases, stored in the resident inspector's files at the site. i Our review identified 23 NSRS reports that the Region II staff had access to or received in addition to the six NSRS reports identified in Enclosure 2 to the June 4, 1986 interim NRC response to Congressman Dingell. These 29 reports are listed in Appendix VII. In addition, information we developed relating to the specific questions raised by Congressman Dingell regarding the list of TVA employees who identified specific NSRS reports provided to NRC prior to January 1, 1985, and a list of NRC employees who indicated to us they had requested / received / read NSRS reports prior to January 1, 1985, is shown in Appendices VIII and IX, respectively. | |||
A sumary of our interviews and the responses to our questionnaires follow. | |||
SURVEY QUESTIONNAIRE We sent our survey questionnaire to a total of 424 addressees. We received 373 responses or about an 88 percent return. Following is a table showing the distribution of survey questionnaires sent and received by category of employ-ment: | |||
Number Number Category of Employment Sent R_eceived Percent Current NRC Office of Inspection and Enforcement (IE) 35 35 100 Office of Nuclear Reactor Regulation (NRR) 59 59 100 : | |||
1 Region II 165 164 99 55 36 65 ! | |||
Former NRC Current & Former TVA 110 79 72 l | |||
Total 424 373 87.9% | |||
1 One individual retired frem Federal Service without respcnding. | |||
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5 FOLLOW-Up QUESTIONNAIRE Based on the responses to the survey questionnaire, we sent 27 follow-up questionnaires to current NRC staf f who had answered either "yes" or "maybe" to the question of whether they had read, received, or had access to NSRS reports prior to January 1, 1985. The 27 selected were also those respondents who were in a Branch Chief position or higher, or in some cases were resident inspectors at a TVA site. Of the 27. fifteen were at NRC Headquarters and the remaining twelve were M Region II. We received 27 responses. The informa-tion provided in the follow-up questionnaire is included in our analysis under the heading "Current NRC" on page 9 of this report. | |||
Following is our analysis of the responses we received to our questionnaires. | |||
The format is presented by guestion and the responses received from each category of employment. For ease of presentation, we have grouped IE and NRR responses together as NRC Headquarters. Current and former TVA employees were asked the same questions, although some wording was changed to make the question applicable to the recipient. | |||
The first two questions analyzed be. low are from the survey questionnaire. The third question is a combined response from both the survey and the detailed follow-up questionnaire. | |||
ARE YOU AWARE OF ANY FORMAL ARRANGEMENTS BY WHICH NSRS rep 0RTS WERE PROVIDED TO, REQUESTED BY, OR RECEIVED BY NRC BEFORE JANUARY 1, 19857 Responses Category of Employment Received Yes No Current NRC IE 35 0 35 NRR 59 0 59 Region II 164 4 160 Former NRC 36 2 34 Current and Former TVA 79 7 72 Total 373 13 360 Current NRC Employees Two of the four Regional respondents that answered "yes", stated NSRS reports were reviewed in connection with the routine inspections at TVA facilities. | |||
The other two respondents answered that NSRS reports would be requested by Region II in regards to specific interests such as licensee identified issues in the media. | |||
Former NRC Employees . | |||
The two former NRC employees that said "yes", stated that (1) inspectors had the right to review any report the utility maintained, ano (2) all reports were accessible during regular inspections. | |||
6 Current and Former TVA Employees Of the seven current and former TVA employees who answered yes, two referred l to the NSRS report on the Thimble Tube event at Sequoyah being provided to NRC ; | |||
upon request. | |||
The response of the former Director, NSRS, stated there were two "formal" arrangements by which NSRS reports were provided to NRC: | |||
(1) When NRC was aware of cr desired an NSRS report for official purposes, in Chattanooga. | |||
NRC requested In those the reports cases, NSRS through provided the TVA's reportslicensing group (TVA) and they in to Licensing turn sent the report to NRC through official channels. | |||
(2) In the sunr.er of 1984, NSRS issued a report dealing with the Thimble Tube event at Sequoyah. This report was "somehow provided to the press." | |||
After this, a formal arrangement was made by NSRS that when reports were issued a copy would be provided to TVA's Information Office. | |||
Accordingly, when reports were issued to the press, via the Information Office, the report would automatically be provided to the NRC. | |||
Three of the TVA respondents indicated that reports were provided on a case-by-case basis when NRC requested them. The seventh respondent indicated that NSRS's Report on Mini-Management Review on Watts Bar, was submitted as part of a formal licensing submittal in February 1982. | |||
i ARE YOU AWARE _OF ANY INFORMAL ARRANGEMENTS BY WHICH NSRS REPORTS WERE PROVIDED ; | |||
TO, REQUESTED BY, OR RECEIVED BY NRC BEFORE JANUARY 1, 19857 Responses Catecory of Employment Received Yes o No, 1 | |||
l Current NRC IE 35 2 33 | |||
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NRR 59 5 54 i Region II 164 16 148 | |||
: Former NRC 36 3 33 Current & Former TVA 79 22 57 Total 373 48 325 Current NRC Employees | |||
! The seven respondents from Headquarters who answered "yes", indicated that they did not have direct or specific knowledge of any infonral arrangements. | |||
However, some did indicate that they were aware that Region 11 staff could or did obtain NSRS reports on occasion by request. The 16 respondents fren i Region II generally acknowledged that NSRS reports were available to NRC inspectors during inspections at the sites. One respondent specifically stated that during an inspection at Browns Ferry in March 1984, the licensee | |||
7 showed him an NSRS report regarding an investigation of excess water in a radioactive resin lier shipent to the B6rnwell, South Carolina disposal site. The respondent said his review of the NSRS report is documented in his inspection report. | |||
Former NRC Ernployees Of the three former NRC employees who answered "yes", one stated he believed the Region had a practice of reviewing internal reports of licensees while NRC inspectors were at the site; the second stated that all reports were accessi-ble during regular inspections; and the third said he believes that NSRS reports "shewed up" several times at Region II. | |||
Current and foregr TVA Employees The teost descriptive explanation we receivec regarding formal / informal arrangements was from the former Director, NSRS. A copy of his response is thown as Appendix VI. The former Director, NSRS, stated in essence, that as early as 1981, the former Regional Administrator, Mr. O'Reilly, had queried TVA about NSRS and was given a briefing about the NSRS organization and function. He said copies of reports were provided to the Regional Administrator to shew the scope and depth of the overall program. He further stated that when reports were subsequently provided to the Region it was to keep the Region aware of NSRS' activities and not to notify NRC of a specific problem. The former NSRS Director stated it was his understanding that the NSRS reports were not to serve as a basis to issue findings against TVA. | |||
Also, the reports were not intended for widespread use in NRC and they were subsequently returned or destroyed. Further, NSRS interface with NRR was very limited, however, some presentations were made by NSRS mana well as the Advisory Comittee on Reactor Safeguardssubcommittee. (ACRS)gement The to NRR fomer Director, NSRS, concluded that there was a general understanding by NRC and NSRS that the reports were available to anyone in NRC to examine. He also said the reports were at the various plants and the resident inspectors were always aware of the existence of NSRS reports. | |||
The other 21 TVA respondents who answered yes, generally stated that NSRS reports were either provideo to NRC Region II upon request or NSRS reports were available at the sites to NRC inspectors. Also, TVA's Office of Information provided Region II with copies of NSRS reports released to the news media. Following are examples of the coments made: | |||
Former Site Director - Sequoyah - The resident had access to and could obtain copies through our Ccmpliance Section of any information we had except personnel records, proprietary documents and INP0 draft reports. | |||
NSRS reports, draft or final, would have been available through this l arrangement. | |||
Manager of Nuclear Construction - During my time as the Bellefente Project Manager, I routinely provided hSRS reports to the Site Resident Inspector. | |||
Plant Manager - Browns Ferry - All NSRS reports and responses pertinent to Browns Ferry are on file at reactor sites. All of these reports are | |||
; fully accessible to any authorized representative of NRC upon request. | |||
g During interviews with Mr. Whitt, Mr. Lewis, and Mr. O'Reilly we were told that there were no formal or informal arrangements whereby NSRS reports were provided to NRC on a routine basis prior to January 1, 1985. | |||
Mr. Whitt, the former Assistant Director for NSRS, stated that nearly all NSRS reports provided to Region II were in response to requests from Mr. Lewis. | |||
(Note: Mr. Lewis was the Deputy Regional Administrator for only 3 to 4 months prior to his retirement in January 1985. Prior to that he was the Director, Division of Reactor Projects and Resident Programs, Region II.) Mr. Whitt said the requests for NSRS reports were informal, usually by telephone, and no records were maintained as to which reports were sent. According to Mr. Whitt, he occasionally called Mr. Lewis or other Region 11 staff and during these informal discussions of TVA and NSRS activities NSRS reports would be requested. | |||
Mr. Whitt said the only "formal" interface between NSRS and Region II was NSRS' attendance at Region II enforcement conferences regarding TVA sites. | |||
Mr. Whitt said that Region II would request NSRS' presence at these conferences as an observer. This was ccnfirmed by Mr. Lewis and Mr. O'Reilly. | |||
Mr. O'Reilly said he had a high regard for NSRS and their presence at enforcement conferences was one way to assure that TVA's Board would be informed of major issues and NRC's position. | |||
Mr. Lewis explained that as Director, Division of Reactor Projects and Resident Programs, he was the focal point between the licensees and the Region-for issuing all inspection reports, receiving licensee reports, and contacting licensee management for enforcement conferences. He further explained that Region II's organization was set up to centralize NRC's overall project management under his division. This was done to preclude the licensee's perception that Region II was fragmented. It also avoided having different people asking or pursuing the same thing. Hcwever, this organizational arrangement dio not preclude one-on-one type interface between TVA and Regien II staff regarding a technical issue. | |||
Mr. Lewis said his emphasis was to ensure that issues dealing with management, licensing, enforcement, or reports, were handled through the Division of Reactor Projects and Resident Programs. Mr. Lewis said he typically tried to limit the receipt of any reports, procedures, etc., to himself or to a branch chief under him. The reason was to ensure proper dissemination of the report and coordination of review and follow-up inspection activities. | |||
Mr. Lewis said that on some occasions, Region II inspectors were directed to review a particular NSRS report at the site as part of a routine inspection, j rather than having the NSRS report sent to the Region. | |||
Regardng the NSRS reports, Mr. Lewit stated that he dealt mare with regulatory requirements and the broad aspects of prcject managerent. Whereas the regional specialist cealt more with the details of the NSRS report to determine whether the NSRS findings were valid and to assure that TVA was properly pursuing corrective action. | |||
4 Mr. Lewis also informed us that Region 11 treated flSRS reports in the same | |||
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manner as INP0 reports, or any other organizaticnal entity that affected | |||
; safety-related activities. Region II has an agreement with INP0 that 1 | |||
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-, - -- r -- ---- - -__ ,-c,--- | |||
9 essentially provides that INP0 findings would not be used as a checklist by NRC when conducting inspections. The reason being is that it would affect INP0's ability to inspect a plant. Region II used a similar rationale regarding the NSRS reports. However, this would not preclude the Region from following up on significant findings that the Region felt were not being adequately or properly pursued by INPO or NSRS. | |||
HAVE YOU EVER REQUESTED / RECEIVED / READ ANY NSRS REPORTS PRIOR TO JANUARY 1, 1985? | |||
Responses Category of Employment Received Yes No, Maybe Current hRC , | |||
IE 35 5 26 4 NRR 59 9 47 3 Region II 164 21 120 23 Former NRC 36 3 23 10 Total 294 38 216 40 The purpose of this question was to try to identify the NRC individuals who had requested, received, or read NSRS reports; or believed they may have, but would need time to review their files to verify whether or not they had. We also asked each respondent who answered either "yes" or "maybe" to estimate the amount of time it would take to research their files to identify the NSRS reports they may have read. Our concern was to identify the impact this request for information may have had on the staff, particularly for Region II, before we asked the staff to undertake such research. | |||
As part of our approach to further identify NSRS reports that were read or received and by whom, we sent out 27 follow-up questionnaires to certain current NRC managers and resident inspectors who had previously indicated that they had or may have read or received NSRS reports. In addition, we were interested in what disposition was made of the NSRS reports they had read or received. We received 27 responses to the follow-up questionnaire. Those responses are included in our analysis under "Current NPC." | |||
The NRC respondents identified 15 NSRS reports they had received or had access to prior to January 1, 1985. Of the 15 reports, nine were not identified in NRC's interim response of June 4, 1986, to Congressman Dingell. These reports l are identified in Appendix VII. | |||
Current NRC Employees Of the 21 respondents from Headquarters who answered "yes" or "maybe" 12 said they had read the Thimble Tube report when it became public. Similarly, of the 44 Regien 11 respondents who answered "yes" or "maybe", nine said they had read the NSRS report on the Thimble Tube event after it becarre public. The NSRS report on the Thimble Tube event was idsntified in NRC's interim respense to Congressman Dingell, t | |||
. - 10 In addition to the Thimble Tube report, Region II respondents identified 14 other NSRS reports that they had read prior to January 1, 1985. Included in this count are five NSRS reports identified by a former resident inspector who is presently occupying an NRC Headquarters position. The former Wsident inspector said he reviewed the NSRS reports as part of his routine inspection , | |||
t program and his reviews are documented in the various inspection reports he wrote. Three of the five NSRS reports were identified in NRC's interim response of June 6,1984 to Congressman Dingell. | |||
Another former resident inspector identified three NSRS reports that he had reviewed at a TVA site as part of his routine inspection. None of these reports were previously identified in NRC's interim response. | |||
Another NSRS report I-84-16-BFN, "NSRS Investigation of Concerns Related to Failures of the High Pressure Coolant Injection (HPCI) System at Browns Ferry Nuclear Plant," dated June 15, 1984, was identified by five respondents. One respondent stated that the NSRS report was reviewed after Region II became aware of NSRS' evaluation of HPCI problems at Browns Ferry. He further stated that a Region II inspection team was sent to the site October 10-12, 1984, to review HPCI operations. This NSRS report was also identified in the interim response. | |||
Another respondent said he read NSRS report I-83-28-BFN, entitled, "Excessive Water in Radwaste Shipment from Browns Ferry Nuclear Plant," dated Itarch 7, 1984 The respondent said the report was given to him by the licensee at the site during an inspection on March 26-30, 1984. The respondent stated that his review of the NSRS report is contained in NRC inspection report 50-259/260/296/84-12, dated May 2, 1984 Our review of the inspection report showed that it does clearly reference the NSRS report identified, and that Region II also cited the licensee a level IV violation as a result of Region II's further evaluation of the issue discussed in the NSRS report. This NSRS report was not identified in the interim response. | |||
Four respondents identified NSRS report I-82-26-SQN, "Investigation of Alleged i Improper Radiograph Techniques." This report was identified in NRC's interim response. One respondent said NRC followed up on the issue in a meeting with ! | |||
TVA on March 30, 1984. That follow-up was completed by Region II at Watts Bar during the period of August 13-24, 1986. Two other respondents identified three other NSRS reports which were not previously identified in NRC's interim response. A complete description of the reports identified through our questionnaire is provided in Appendix VII. | |||
The last of the respondents identifying specific reports stated that he participated in the formulation of the June 4,1986, interim response fren the Chaiman to Congressman Dingell. Therefore, the NSRS reports he remembers receiving / reading are identified in that response. | |||
Regarding the disposition of NSRS reports, the staff disposed of reports in one of three ways; (1) they were returned to TVA; (2) thrown away; or ; | |||
(3) maintained in resident inspectors' offices. | |||
I | |||
11 Former NRC Employees As part of our survey, we sent questionnaires to all former NRC Region II employees who were employed by NRC after the inception of NSRS, but left NRC prior to the initiation of our audit and were in positions in which they reasonably could have come in contact with NSRS reports. Of the 55 we sent i | |||
questionnaires, 36 responded, of which 13 indicated that they had or may have r T | |||
received or read NSRS reports. | |||
Of the 13, only one respondent, who was a Senior manager prior to his leaving the Government in 1986, said he recalled NRC requesting a copy of the Thimble Tube report when it became public. He also identified three other NSRS reports that he believes he was aware of because the reports addressed specific areas that NRC was particularly interested in. The three reports he identified are: | |||
R-84-04-BFN, "Initial Assessment of the Browns Ferry Regulatory Performance Improvement Plan" C | |||
R-84-19-WBN, "NSRS Assessment of the Results of the Black and Yeatch Independent Design Review of the Watts Bar Nuclear Plant Activity Feedwater System" 1 | |||
; R-84-26-WBN, "Routine Review of NUC PR Response to NSRS Recomendations Identified in NSRS Report R-84-19-WBN, Assessment of the Results of the B&V Independent Design Review of the WBN Auxiliary Feedwater System" However, he also added that he personally never formally or informally requested any NSRS reports. These three reports are not included in Appendix VII because the individual claimed he did not request them nor did he know of anyone else who may have requested them. | |||
Several respondents said it was routine practice as part of NRC's inspecticn process to review all information available at licensee facilities, which would have included NSRS reports. However, since none of the respondents had access to NRC records and files, they could not specifically identify any NSRS reports. Therefore, we did not follow up with these respondents to try to further identify the particular NSRS reports they may have read during their inspections. | |||
: HAVE YOU EVER PROVIDED OR MADE AVAILABLE ANY NSRS REPORTS TO NRC PRIOR TO JANUARY 1, 19857 t | |||
Responses Received Yes No Maybe l 4 l j Current and Former i 8 i i TVA 79 6 65 I I I Current and Former TVA Employees l Fourteen respondents indicated that they had or may have provided NSRS reports ! | |||
q to NRC staff prior to January 1. 1985. Of the six who answered yes, only two ; | |||
i specifically identified hSRS reports. One was the Thimble Tube report. The i i | |||
; other report was a mini-management review on the Watts Bar QA program l | |||
12-(R-81-28-WBN), which, according to the respondent, was submitted to NRC on February 1, 1982, as a formal licensing submittal. | |||
One of the eight respondents who se.id he may have provided reports to NRC was the fortner Director, NSRS, who provided lengthy and detailed comments to our questionnaire. His response is provided in its entirety as Appendix VI. None ' | |||
of the other seven respondents who indicated they may have provided or made available NSRS reports, have any records indicating that they did provide an NSRS report to NRC. | |||
INTERVIEWS WITH FORMER SENIOR OFFICIALS During our interviews with Mr. Whitt, Mr. Lewis, and Mr. O'Reilly we asked each of them to review a listing of NSRS reports issued between October 1979 and August 1985, to identify which reports they remember having requested / received / read. Mr. Whitt identified 17 reports that he believes he sent to Region II upon request. Mr. Lewis acknowledged receiving two of the 17, and indicated that he may have received or read the other 15 reports. | |||
Mr. Lewis identified three other reports he received, which were not identified by Mr. Whitt. Mr. O'Reilly said he could only positively identify three of the 20 reports, but explained that because of his position as Regional Administrator, he saw many reports and remembers certain subjects, but could not be certain whether his knowledge came from an NSRS report, an NRC inspection report, or a briefing by Mr. Lewis on the particular issue. | |||
However, he did state that Mr. Lewis's recollection was probably correct because he was the Region II official who would have initicily received the reports. | |||
Based on their review of the listing of NSRS reports, Mr.,Whitt, Mr. Lewis, and Mr. O'Reilly, identified 20 NSRS reports received or reviewed by NRC prior to January 1, 1985. Five of the 20 reports were previously identified in NRC's June 4, 198C interim response. A complete listing of the 20 reports is included as Appendix VII. | |||
==SUMMARY== | |||
OF NSRS rep 0RTS RECEIVED / READ BY NRC EMPLOYEES Between October 1979 and January 1, 1985. NSRS issued 134 reports. Our review found that Region II personnel had access to 29 NSRS reports prior to i | |||
January 1, 1985 (See Appendix VII). Six of these were previously identified in the Chairman's interim response of June 4, 1986. The remaining 23 reports were identified through our questionnaires and interviews. Of these 23, fourteen were identified in our interviews with Mr. Whitt, Mr. Lewis, and Mr. O'Reilly; eight were identified in the responses to cur questionnaire, and one was identified in both the interviews and questionnaire. | |||
CONCLUSION Based on our interviews, and our review of the responses to our questionnaires, it appears that prior January 1, 1985, NRC and TVA did not | |||
) | |||
b d | |||
1 _ _ _ _ _ . . _ _ _ . . | |||
33 have formal or infonnai arrangements under which NSRS reports were provided to NRC on a routine basis without an HRC request. However, NRC Region II ' | |||
management was aware of NSRS and the nature of its organization and objectives. There apparently did exist an open and informal line of comunications wherein NRC could and did avail itself to of NSRS reports. | |||
1 P | |||
1 1 | |||
2 6 i | |||
i I | |||
e i ! | |||
I | |||
APPEHOIx i q. | |||
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l4 | |||
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~~ | |||
" h" ,,,, h k 31.6. $0ust of Representat(bts g fg* y 7 g g sukammutre n a sk ant 3nhasugarians 02C | |||
' cammina a canar aan Camarne ' | |||
Wastington, BC 20515 i | |||
March 19,1986 | |||
'the Honorable Nunzio Palladino Chairman Nuclear Regulatory Commission Washington, D. C. 20555 Dear Mr. Chairmant Pursuant to Rules X and XI of the Rules of the U.S. House of Repr esentatives, the Subcommittee on Oversight and Investigations is conducting a legislative oversight inquiry into certain . | |||
matters involving your Agency and the Tennessee Valley Authority (TV A) . In accordance with that inquiry, please provide the Subcommittee with the f ollowing inf ormation concerning reports prepared by the TVA's Nuclear Saf ety Review Staff (MSR3): | |||
'- A list of s.11 NSR3 reports received by NRC staff prior J,,/ to7Enuary 1,1985, and the dates on which such reports were received. | |||
A description of the processes or arrangments by which WA provided NSR5 reports to the NRC prior to January 1,1985. , | |||
A listing of 'NA employees who, prior to January 1, llen, transmitted NSRS repcrts to the NRC. | |||
A lieting of MRC principal recipients of NSRS reports an N or NRC etaff who received such reports froa principal recipients. | |||
A description of the ultimate disposition of NSR3 regiores r~eceived by the NRC prior to January 1,1985 and the action taken thereon. | |||
A listing of NRC memoranda or meetings which address NS'FTiports (or substance contained therein) received prior to January 1,1985. | |||
4 | |||
The Honorable' Nunzio Palladino March 19,1986 Page 2 . | |||
1 In order to ubtain this information, we suggest that ou begin by requesting the inf ormation specified above f rom a 1 current or f ormer NRC employees, who at one time during the period January 1,1980 through January 1,1985 were based in Region II at the Project Branch Chief level or above. Such ( | |||
/ | |||
inf ormation should be provided by sworn affidavit. Any such employee who does not possess inf ormation of this kind should be requested to so state also under oath. | |||
In addition, past and present senior NSRS of ficials (including directors, deputy directors and their principal assistants) should be interviewed under oath for the purposes of determining their knowledge of the history of providing NRC I staf f, by formal or inf ormal means of transmittal, copies of N5R3 reports in the period January 1,1980 through January 1,1985. | |||
Please provide this inf ormation to the Subcommittee prior to Monday, March 31, 1986. | |||
Si etely, f | |||
f2$ | |||
John D hgell Chai rman l l Subcommittee on ' | |||
Oversight and Investigations JDD PSdb l | |||
O l | |||
* l | |||
p APPENDIX II | |||
, .f N c %.,) | |||
. UNITED STATES i .- i NUCLE AR REGUL ATORY COMMISSION i | |||
* l W A$MINGTON O C. 20555 | |||
\ : | |||
June 4, 1986 | |||
, CHAlmWAN ibs 'enceable Jern Dingell. Chairman Subcommittee on Oversight and Investigations Committee on Energy and Commerce United States House of Representatives hashington, D. C. 2 0 S *. S , | |||
==Dear Mr. Chairman:== | |||
This is an interim response to your letter dated March 19, 1926 which requested specific information from tnis agency c ncernir; ' | |||
reports prepared by the Tenressee Valley Authority's (TVA) | |||
Nuclear Safety Review Sta'f (NSRS). You suggested that we obtain information from current and former NRC Region Il personnel and senior NSR$ officials, and that we obtain this information under oath. This response provides the info *mation received to date from interviews of currently employed NRC headquarters and regional personnel. | |||
As a first step in being responsive to your request, inquiries were made of current NRC employees who were assigned to our Region !! office during the period January 1, 1980 to January 1, 1985, and who held the resition of Branch Chief or above. These | |||
' individuals are identified in Enclosure 1. Additionally, other NRC employees in the Offices of Nuclear Reactor Regulation and Inspection and Enforcement, who possibly could have received NSDS reports, were also surveyed. | |||
Enclosure 2 contains a summary of the responses received from the inquiries to date and specifies the NSRS reports which the persons interviewed identified as having been received during the period January 1, 1980 to January 1, 1985. The list of NSRS reports identified in response to Question 1 is the most co plete | |||
~ list we have been able to assemble based on interviews with current NRC employees and a document search of related material. | |||
Please note that some specifics have been omitted so as to protect the confidentiality of allegers. | |||
We have not interviewed present and past TVA employees or | |||
'former NRC employees in this matter. However, the NRC Office of Inspector and Auditor (OIA) has been requested to obtain information from present and past NRC and NSRS employees which is relevant and necessary for a complete understanding , | |||
of our relationship with NSRS. Enclosure 3 is a listing of former NRC employees who will be interviewed. The O!A will confirm the interviews of present NRC employees, which were s | |||
z- e y - | |||
3-w not coniucted under oath. It is espected that a. n v e r a l en i n t n ., | |||
will be required to corp 1nte this effort ba#,ed on th* p e r *,1: n '.1 f estimated scope of work, and other IVA mat *ers o n dt* r revi t, f O!A. | |||
With r0ga"d to your suqgestion t i' a t the r . * , p r, n | |||
* o *, b .* . | |||
*ai.. .. r. c . r oath, to the extent practical in f 0e ra tion wil' h .. takne . : r , . . ,, , | |||
oath or by sworn affidavit. | |||
Sincerz!,,. | |||
brigital staned by Punsio J. Palladino Nunzio J. Palladino | |||
* Chairman Enclosures. | |||
: 1. Present tiRC Pegion II Personnel Serving as Branch Chief or Atev-(1980-1985) | |||
: 2. Resconse to Inquiry | |||
: 3. Former NRC Region !! Personnel Serving as Branch Chief or Above (1980-1985) cc w/ enclosures: | |||
Rep. James W. Broyhill C1 cared with Comissioners' Offices by C/R. | |||
Reft CR-86-48 i | |||
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Originating Office: EDO/TVA:OG l cence> C/R OCA OCM OCM OCH , | |||
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ous) 5../.28/.8.6..... ......d............... | |||
ec c:=2.snosei c o *o OFFICIAL RECORD COPY | |||
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8 I ! | |||
l 4 E N C t.0 5 U R E 1 f | |||
, 1 4 r i NRC Recien !! Personnel Serving As i l Branch Chief Or Above, Still in-NRC t (1980-1985) , | |||
i ! | |||
! 1 Barr, K. ! | |||
; Brownlee, y, l 4 . ; | |||
Collins, D. | |||
1 i Dance, H. | |||
4 Gibson, A. , | |||
f | |||
; Herdt, A. ! | |||
9 | |||
^ | |||
t.ong, F. (Recently Retired) f I | |||
Martin, R.* | |||
3 1 | |||
Olshinski, J. | |||
] | |||
l Stohr. J. ! | |||
! '/errelli, O. ! | |||
! i l Walker, R. t | |||
! i t | |||
I f i , | |||
2 | |||
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i 1 1 i | |||
l T'fontactei Ey Senior Region !! management; results are included | |||
} in response contained in Enclosure 2. , | |||
1 1 | |||
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1 I i | |||
f ll 4 | |||
I 1 | |||
i | |||
c | |||
_ _': _C __l _o_ s _tl _R E _ _.' | |||
E!sPgNS{_lg_lNggig! | |||
: ;ugslign_1 Provide a list of all MSES reports raceived tj fJC ita(' prire to 2 | |||
o' a n u a r y 1, 1925, and the dates on which such report; were received. | |||
$DShif j Since there is no regulatory requirement for the submittel of TV4 NSRS reports, the NRC has no spect'ic procedure fer dockdting or fornally listing information'whien may have teen reviewec by NDC inspectors or other staff members when visitiro licensee facilities. Accordingly, such a listing cf reports reviewed and dates. received / reviewed is not available. However, from our staff incuiries, we have identified the following NSRS reports that were received prior to January 1, 1985. | |||
-- I-82-26-SQN, ";nvestigatien of Alleged improper Radiography Practices " dated December 17, 1982. This report was received December 28, 1983. The issue was brcught to the attention of NRC Region il by TVA which subsequently provided a copy of the NSRS report to Region 11 for review. | |||
-- 1-84-12-SQN, "investigation of Unit ; Incere Instrumentation Thimble Tube Ejection Accident on April 19, 1984", dated August 1, 1984 This report was received on August 23, 1984 The report was reouested by Region !! nanagement after media interest occurred. | |||
-- P-81-28-WBN, "Mini-Management Review of Watts Bar Nuclear Plant", submitted by TVA 'etter, Mills to O'Reilly, dated February 1, 1982, in response to Inspection Report 50-390/81-14, 50-391/61-14 This report was provided in response to a Region ;' request for independent review of the QA Progran at. Watts Bar. | |||
-- 1-84-16-BNF, "NSRS Investigatien of Concerns related to Failures of the High Pressure Coolant Injection (HPCI) | |||
System at Browns Ferry Nuclear Plant", dated June 27, 1984 This report was received on September 24, 1984 The report was provided to the NRC after necia interest occurred. | |||
-- R-83-16-NPS, "Review of TVA's Nuclear Security Program", and R-81-13-NPS, "NSRS Special Review of TVA's Nuclear Security Progran". These reports related to the TVA Nuclear Security Program and were reviewed by the NRC staff on or about October 17-21, 1983, during a routine inspection. | |||
~ | |||
Three reports related to Quality assurance and construction activities were received, from ' | |||
confidential sources. Therefore, report numbers are not identified since they might ccmpromise confident ali ty.- | |||
It is possible that additional reports were received and/or reviewed as part of regular inspections in accordance with established inspector guidance or by the NRR Project Managers conducting routine licensing reviews on their assigned facilities. However, the above, reports are the only ones specifically identified during the' staff interviews and document search per~ formed during the preparation of this response, gggstign_2 i Provi'de a description of the processes or arrangements by which TVA provided NSRS reports to the NRC prior to January 1, 1985. | |||
Aggggt Based on'.nterviews with current NRC erployees, to the best of their knowled 21, 1985 (see letter H. Denton to J. Willis)ge,theprior tosAugust re wa no f o rn.nl requirement or request by the NRC for TVA to provide copies of NSRS reports. However, unique situatior,s such as allegation follow up activities and media interest did present themselves, and the staff requested specific reports in response to these situations as discussed in the response to Question 1. | |||
Questi_on_3 Provide a listing of TVA employees who, prior to January 1, 1985, transmitted NSRS reports to the NRC. | |||
Answer I-82-26-SQN was provided by L. Mills, 1-84-12-SON was provided by K. Whitt. R-81-28-WBN was provided by L. Mills. I-84-16-BFN was provided by K. Whitt. R-83-16-NPS and R-81-13-NPS were provided by TVA employees'during a routine inspection. The other three reports were received from confidential sources. . | |||
l l | |||
I Question _4 Provide a listing of NRC principal recipients of NSRS reports and other NRC staff who received such reports from principal j recipients. ! | |||
I l | |||
3nsygg Generally, any incoming correspondence would be addressed to the Region II office in c.are of the Regional Administrator. Macy reviews of NSPS reports were conducted, on-site, by Residart or Regional-based became aware of inspectors in their specialty area (s) when they such reports. In addition, copies of other reports may have been received from time to time by the NRR project managers on their assigned facilities. In the case of NSPS Report No. 1-04-12-SON, the report was widely distributed *o . | |||
the NRR staff as an example of an unusual reactor coolant system problem. ' | |||
Oggstigg_5 A description of the ultimate disposition of NSRS reports receiv'ed by the NRC prior to January 1, 1985 and the action taken thereon. | |||
Agsygg The dispo.sition of h45RS reports was as follows: | |||
(1) For those reports reviewed during routine inspections, they were returned to TVA as cf the completion of the inspection. | |||
(2) The nine reports listed in Answer 1 were retained in docket or allegation ffles at the Region !! office or returned to the licensee, with the following exceptions: | |||
(a) Report I-84-12-SON was forwarded to Headquarters due to news media interest. The report was subsequently distributed within NRR as an example of an unusual reactor coolant system problem. The report was docketed as an attachment to an inspection report. | |||
(b) Working copies of Report R-81-28-WBN were destroyed when the NRC review of TVA corrective actions was completed. A copy of the report remains in the NRC document control system. | |||
(c) Report I-84-16-BFN became the subject of an April 26, 1985 letter from M. Udall to N. Palladino. The staff responded to the letter on July 10, 1985. | |||
(d) Reports R-83-16-NPS, August 17, 1983 and R-81-13-NPS, September 4, 1981 were reviewed at TVA facilities during an inspection. Based on the limited resources | |||
- l a | |||
available for this document search, the staff cannot firmly establish whether or not the documents were ever destroyed.in the regional files or subsequently retained Actions taken by the NRC staf f are documented in meeting summaries, internal NRC memoranda, or inspection reports as appropriate. | |||
These are itemized in. response to Question 6. | |||
SESE11S" b . | |||
i A | |||
(orlisting of NRC memoranda or meetings which address NSPS reports substance contained therein) received prior to Janua'ry 1, 1985. | |||
SESM1E 1-82-26-SQN The following memoranda address radiography concerns and relate to the substance c.ontained in the referenced NSRS report: | |||
Memo: Todd to Lewis, June 3, 1983 Memo: Uryc to Fredrickson,. December 29, 1983 Memo: Uryc to Julian/Fredrickson, December 29, 1983 Memo: Blake to Uryc, February 23, 1984 Memo: Uryc to Lewis, February 27, 1984 Memo to Files, March 30, 1984 (TVA/NRC meeting) | |||
Memo: York to Uryc, November 5, 1984 I-84-12-SQN The following reports, memoranda and meeting relate to the l | |||
thimble tube ejection issues identified in the referenced NSRS report: | |||
Inspection October 1, Report 50-327/85-27 and 50-328/85-28, 1985 Memo: 0'Reilly to Vorse, October 9, 1984 Inspection Report 50-327/84-24, May 7, 1985 Inspection Report 50-327/84-12 and 50-328/84-12, May 29, 1984 Inspection Report 50-327/84-11 and 50-328/84-11, June 14, 1984 Significant Meeting to discuss seal table event, September 25, 1984 Enforcement Letter, May 7, 1985 | |||
R-81-28-WBN The following report and meeting relate to the mini management review of Watts Bar identified in the referenced r e p o r t. . | |||
Inspection Report 50-390/81-14 and 50-391/81-14, November 5, 1981 Managerent Conference to discuss results of NSRS review of the Office of Engineering design controls (December 15, 1981) | |||
I-84-16-BFN The following identified report in the relates toreport: | |||
referenced the HPC[ system at Browns Ferry 4nspection Report 50-259/84-41, 50-260/84-41, and 50-296/84-41, November 6, 1984 NSRS Reports R, elated to Quality Assurance and Construction Activities: | |||
The following memoranda address quality assurance and cons;rtction reports: | |||
activities concerns contair.ed in the referenced NSRS Inspection Report 50-327/84-33 and 50-328/84-33, December 13, 1984 Memo: Gibbons to Uryc, December 13, 1984 Memo: Lankford to Herdt, March 7, 1984 Meme to Files, March 21, 1984 Memo: Lankford to Verrelli, March 27, 1984 Memo: Uryc to Herdt, September 19, 1984 Memo: Vorse to Alderson, February 1, 1983 Memo: Todd to Ford, June 3, 1983 Memo: Todd to Ford, July 25, 1983 Memo: Ford to Uryc, December 23, 1983 Inspection Report 50-390/84-07, 50-391/84-07, 50-438/84-02, and 50-439/84-02, March 12, 1984 R-81-13-NPS R-83-16-NPS The following report relates in part to the TVA nuclear security program issues identified in the referenced NSRS reports: | |||
Meeting to discuss EA-83-69, July 20, 1983 Inspection Report 50-327/83-24, 50-328/83-24, 50-259/83-45, 50-260/83-45, and 50-296/83-45, November 30, 1983 x | |||
t_ | |||
EE$hSSSEE_2. | |||
Former NRC Region 'l Personnel Serving As Branch Chief, or Above - | |||
(1980-1985) | |||
Alderson, C, Bemis, P. | |||
Kellog, P, Kenna, W. | |||
Lewis, R. | |||
Murphy, C. | |||
O'Reilly, J. | |||
Puckett, M. | |||
l Sutherland, J. I 1 | |||
l | |||
) | |||
I 1 | |||
l l | |||
l | |||
APPENDIX III July 17. 1986 | |||
.G. | |||
MEMORANDUM FOR: Chairman Zech Commissioner Roberts Comissioner Asselstine Comissioner Bernthal FROM: Sharon R. Connelly, Director Office of Inspector and Auditor | |||
==SUBJECT:== | |||
OIA INQUIRY INTO THE DISTRIBUTION AND/0R RECEIPT OF TVA's NUCLEAR SAFETY REVIEW STAFF (NSRS) REPORTS In a lettar dated March 19, 1986, Congressman Dingell requested Chairman Palladino to provide the Subcommittee certain information regarding reports prepared by TVA's Nuclear Safety Review Staff (NSRS). | |||
Congressman Dingell's concerns regarded NRC's receipt and/or access to NSRS reports, :he disposition,of the reports, and the NRC and TVA employees involved. | |||
By memorandum dated June 4,1986, Chairman Palladino requested the Office of Inspector and Auditor (0IA) to complete the work necessary to respond to Congressman Dingell's letter of March 19, 1986. This' memorandum is to inform you of our plans and schedule for completing that work. | |||
We have recently obtained information regarding the work that was done by the staff for the interim response sent to Congressman Dingell by memorandum dated June 4, 1986. In order to expedite our work and to provide you with a report on our findings, we will survey by questionnaire toth current and forrer Region II personnel. Our survey will be addressec to personnel in Region II who we believe may have had an opportunity to have come in contact with NSRS reports, regardless of the position they held in the regional office. The l survey will also include the Region Il personnel listed in enclosures 1 and 3 to the Chairman's letter of June 4,1986, to Congressman Dingell. | |||
We will also survey by questionnaire current and former NSRS personnel and other TVA officials who we believe may have routinely interfaced with Region II personnel. | |||
Our questionnaires will be designed to solicit responses to the concerns l Congressman Dingell identified in his March 19, 1986, letter. In addition, l each respondent will be requested to sign.the questionnaire attesting to the accuracy of the information provided. | |||
We estimate that our field work and report to you should be completed by i October 10, 1986. This estimate is based on the assumptions that the l | |||
, w m s o ;11 W ,c m ,.cd | |||
.. a u . 4 ,..a m .e , aou u,et i,ctic m ou ex cem s em"> . . . . . . f.9.1.1.9w. .u. .wp.r.k . .v.i. ).l . .b.e. . Ie.9 M res. . . . . ................ ... .... ..... ......... ............... ... ........ ........ | |||
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sm) .................. ..................... ..................... .................... ..................... ................... ................. \ | |||
ce ronu n no somacu es o OFFICIAL RECORD COPW | |||
* u m 1Su-d l | |||
'n some instances, it may be necessary to conduct personal interview; to obtain information and/or further clarification of information provided in th. | |||
questionnaire responses. However, we will keep you infomed of any schedule changes as they develop. | |||
If you have questions or comments regarding cur approach or the schedule, we will be happy to meet with you. | |||
Original signed by Sharon R. O t Sharon R. Connelly, Director Office of inspector and Auditor Distribution TVA Subject (Jff)$ dAjcI(,j[- | |||
,VA i Reading OlA Readino l | |||
l l | |||
ZECH/NSRS HARRY | |||
/ 'o. UNITED STATES | |||
[ , ", | |||
.J' 7i | |||
/ E NUCLEAR REGULATORY COMMISSION W ASHINGTON, D. C. 20555 tI ,:I s, v , | |||
August 12, 1986 MEMORANDUM FOR: NRC Personnel , | |||
I FROM: Sharon R. Ccnnelly, Director Office of Inspector and Auditor | |||
==SUBJECT:== | |||
01A's INQUIRY INTO THE DISTRIBUTION AND/OR RECEIPT 0F TVA'S NUCLEAR SAFETY REVIEW STAFF (NSRS) REPORTS In a letter dated March 19, 1986, Congressman John Dingell requested Chaiman Palladino to obtain under oath or by sworn affidavit certain infomation regarding the NRC staff's receipt of or access to reports prepared by the TVA's Nuclear Safety Review Staff (NSRS). The Office of Inspector and Auditor (0IA) was subsequently requested by Chairman Paliadino to obtain infomation concerning arrangements which may have been made for NRC's receipt of or access to reports prepared by NSRS. | |||
01A understands that there may have been formal and informal arrangements for NRC to review or have access to NSRS reports and that on occasions Region !! | |||
personnel received NSRS reports and/or had access to NSRS reports at TVA Headquarters offices or reactor sites. We are only interested in arrangements entered into prior to January 1, 1985. | |||
In order to assist us in our inquiry, we have prepared the attached question-naire that you are requested to complete. The purpose of this questionnaire is to ascertain the number of employees who had or may have had access to NSRS reports and the estimated time it would take those employees to review their i records to obtain certain facts regarding the NSRS reports. We are not requesting that a detailed search of records be conducted at this time for the purpose of this questionnaire. Therefore, for those individuals who know they 1 have requested / received / read NSRS report (s) or need more time to make such a 4 detemination, we will follow up with another questionnaire that addresses the l specific concerns of Congressman Dingell. The follow-up cuestionnaire will l | |||
l l | |||
I require you to provide information regarding, but not limited to, the identi-fication of NSRS reports, regulatory issues identified in the reports, resolu- | |||
-tion of issues, and disposition of the report (s). | |||
'ne have attached a list of NSRS reports which may assist you in recalling whether you requested / received / read any of the NSRS reports prior to January 1, 1985. | |||
YOUR RESPONSE IS REQUESTED NO LATER THAN FIVE DAYS FRO . | |||
MEMORANDUM. | |||
If you have any questions regarding the information requested, please contact Richard Donovan of my staff on (FTS) 492-4458. | |||
( k k l.f h h s l.b'' | |||
* J/+. - | |||
Sharon R. Connelly, Director Office of Inspector and Auditor | |||
==Attachment:== | |||
Questionnaire j | |||
. _ . . . '"'Y-"~ -P.m+e. _ | |||
.0IA INQUIRY INTO THE O!STRIBUTION AND/0R~RECE!PT OF TVA'S NUCLEAR SAFETY REVIEW STAFF (NSRS) REPORTS , | |||
: 1. Name: | |||
: 2. Curren: Position: | |||
~ | |||
: 3. .Are ycu aware of any formal arrangements by which NSRS reports were provided to, requested by, or received b'y NRC before January 1, 1985? | |||
Yes No Please describe those arrangements. | |||
'4 . Are you aware of any informal arrangements by which NSRS reports were provided to, requested by, or received by NRC-before January 1, 1985? | |||
Yes no Please describe those arrangements. | |||
: 5. Have you ever requested / received / read any NSRS repcrts prior to January 1, 19857 Yes l | |||
No i I may have requested /receiveo/ read NS*d$ reports,.but I will have to review my records in order to determine whether I have or have not; and/or to identify the particu'.ar NSRS reports that I may have requested /receiveo/ read. | |||
: 6. If you answered M to quest on 5, please read, sign, and date the certi-i fication at the eno of this questiennaire, if you answered Yes or indict.ted that jou tray have, but need tire to eview your iecoFds, go tc cuestier ', then please rend, sign and date the certification at *.Fc end cf :his cuestionnaire. | |||
) | |||
7. | |||
Pledse estimate the number of (1) manhours whether youyou have believe it would req you to review your records to determine: | |||
requested / received / read any NSRS reports; (2) which specific re received or read; (3) how you obtained the report (s);in (4) identified the~source fro which the report (s) was obtained; (S) regulatory issues (7) report (s); (6) NRC's resolution of any regulatory Estimated manhours _. issues; and disposition of the report (s). IS WE ARE NOT ASKING YOU TO MAKE A DETAILED YOU MAY BE SENT A SECOND OVEST10NNAIRE AT TIME. | |||
I CERTIF.Y UNDER PENALTY OF PERJURY THAT Date: | |||
Signature: __ | |||
Name (print or type): | |||
Address: | |||
Zip: _ | |||
City, State: | |||
Telephone: Home ( ) | |||
Work ( ) | |||
s a neau n .' s - = * . | |||
, f. . | |||
o,, UNITED STATES l 3., g NUCLEAR REGULATORY COMMISSION | |||
.' W ASHINGTON. D. C. 20555 (s s, | |||
,f September 24, 1986 Former NRC Personnel | |||
==SUBJECT:== | |||
OFFICE OF INSPECTOR AND AUDITOR'S INQUIRY INTO THE OISTRIBUTION AND/0R RECE!PT OF TVA'S NUCLEAR SAFETY REVIEW STAFF REPORTS In a letter dated March 19, 1986, Congressman John Dingell requested former NRC Chairman Palladino to obtain under oath or by sworn affidavit certain information regarding the NRC staff's receipt of or access to reports prepared by the TVA's Nuclear Safety Review Staff (NSRS). The Office of Inspector and Auditor (0IA) was subsequently requested by Chairman Palladino to obtain information concerning arrangements which may have been made for NRC's receipt of or access to reports prepared by NSRS. | |||
OIA understands that there may have been formal and informal arrangements for NRC to review or have access to NSRS reports and that on occasions Region II personnel received NSRS reports and/or had access to NSRS reports at TVA Headquarters offices or reactor sites. We are only interested in arrangements which existed prior to January 1, 1985. | |||
In order to assist us in our inquiry, we have prepared the enclosed question-naire that you are requested to complete. The purpose of this questionnaire is to ascertain the number of former employees who had or may have had access to NSRS reports. For those individuals who indicate that they know they have requested / received / read NSRS report (s), we may follow up with another questionnaire that addresses the specific concerns of Congressman Dingeli. | |||
The follow-up questionnaire will ask you to provide information regarding, but not limited to, the identification of NSRS reports, regulatory issues . | |||
identified in the reports, resolution of issues, and disposition of the report (s). | |||
l l | |||
l i | |||
l l | |||
We have enclosed a list of NSRS reports whicn may assist you in recalling | |||
~ | |||
whether you requested / received / read any of the NSP.S reports prior to January 1, 1985. | |||
We would greatly appreciate your inmediate response to and return'of this questionnaire in the enclosed envelope. If you have any questions regarding the information requested, please contact Richard Donovan of my staff on our toll free numbers (in Maryland 1-800-368-5642, extension 2-4458 or outside~ | |||
Maryland 1-800-426-8096, extension 2-4458). | |||
Sincerely, | |||
, / w ee s. | |||
/S'f+s.v.b, s | |||
Sharon R. Connelly, Director Office of Inspector and Auditor , | |||
==Enclosure:== | |||
i Questionnaire ! | |||
O o | |||
OIA INQUIRY INTO THE DISTRIBUTION AND/OR RECEIPT OF TVA'S NUCLEAR SAFETY REVIEW STAFF (NSRS) REPORTS | |||
: 1. Nan:e: | |||
: 2. Position held before leaving NRC: | |||
: 3. Are you aware of any formal arrangements by which NSRS reports were provided to, requested by, or received by NRC before January 1, 1985? | |||
Yes No Please describe those arrangements. | |||
: 4. Are you aware of any informal arrangements by which NSRS reports were provided to, requested by, or received by NRC before January 1, 19857 Yes No Please describe those arrangements. | |||
: 5. Have you ever requested / received / read any NSRS reports prior to Janua y 1, 19857 yes no I may have requested / received / read NSRS reports, but I would have to review NRC records in order to determine whether I have or have not; and/or to identify the particular NSRS reports that I may have requested / received / read. | |||
I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGO:NG IS TRUE AND CO Signature: Date: | |||
Name (print): ___ | |||
Address: | |||
Zip: | |||
City, State: | |||
Telephone: Home ( ) Work ( ) | |||
J | |||
Approved by: | |||
/ % <c ct4B Ib. 3150-0137 < | |||
8 .., | |||
NUCLEAR RE U ' | |||
ORY COMMISSION | |||
$- ''.'.j WASHINGTON. O C. 20555 E | |||
% . . ,', . # october 7, 1986 Current and Former TVA Personnel S'JBJECT: U.S. NUCLEAR REGULATORY COMMISSION INQUIRY INTO THE DISTRIBUTION AND/0R RECEIPT OF TVA'S NUCLEAR SAFETY REVIEW STAFF (NSRS) REPORTS Congressman John Dingell has requested the Chairman of the U.S. Nuclear Regulatory Commission (NRC) to obtain under oath or by sworn affidavit certain information regarding the NRC staff's receipt of or access to reports prepared by the TVA's Nuclear Safety Review Staff (NSRS). The Office of Inspector and Auditor (0IA) was subsequently requested by the Chairman, NRC, to obtain information concerning arrangements which may have been made for NRC's receipt of or access to reports prepared by NSRS. OIA is NRC's internal audit and investigative organization equivalent to TVA's Inspector General. 0IA understands that there may have been formal and informal arrangements for NRC to review or have access to NSRS reports and that on occasions NRC Region Il personnel received NSRS reports and/or had access to NSRS reports at TVA Headquarters offices or reactor sites. We are only interested in arrangements entered into prior to January 1, 1985. | |||
In order to assist us in our inquiry, we have prepared the attached questionnaire that you are requested to complete. The purpose of this questionnaire is to ascertain the number of employees who may have provided and/or made available NSRS reports to NRC and the estimated time it may take you to review your records to verify certain facts regarding the NSRS reports. | |||
We are not requesting that a detailed search of records be conducted at this time for the purpose of this questionnaire. Therefore, for those individuals who know they have provided NSRS report (s) to NRC or need more time to make such a determination, we will follow up with another questionnaire that = | |||
addresses the specific concerns of Congressman Dingell. The follow-up questionnaire will require you to provide information regarding, but not limited to, the identification of NSRS reports provided to NRC, regulatory issues identified in the reports, resolution of issues, and the NRC staff to whom NSRS reports were provided and/or made available. | |||
We have attached a list of NSRS reports which may assist you in recalling whether you provided or made any of the NSRS reports available to NRC prior to ' | |||
January 1, 1985. | |||
We would greatly appreciate your imediate response to and return of this questionnaire in the enclosed envelope. If you have any questions regarding | |||
this questionnaire, please contact Richard Donovan of my staff on (FTS) 492-4458 or call our toll free numbers (in Maryland 1-800-368-5642, extension 2-4458 or outside of Maryland 1-800-426-8096, extension 2-4458). | |||
h k. mf Sharon R. Connelly, Director Office of Inspector and Auditor | |||
==Attachment:== | |||
Questionnaire h | |||
e l | |||
l i | |||
l l | |||
I 5 | |||
NRC INQUIRY INTO THE DISTRIBUTION AND/0R RECEIPT OF TVA'S NUCLEAR SAFETY REVIEW STAFF (NSRS) REPORTS | |||
: 1. Name: | |||
: 2. Current Position at TVA or Position Held Before Leaving TVA: | |||
! 3. Are you aware of any formal arrangements by which NSRS reports were | |||
! provided to, requested by, or received by NRC before January 1,1985? | |||
l Yes No l | |||
l Please describe those arrangements. | |||
4 Are you aware of any informal arrangements by which NSRS reports were provided to, requested by, or received by NRC before January 1,1985? | |||
Yes No Please describe those arrangements. | |||
: 5. Have you ever provided or made available any NSRS report (s) to NRC staff prior to January 1, 1985? | |||
Yes i | |||
No I may have provided or made available NSRS reports to NRC staff, but I will have to review my records in order to determine whether . | |||
l I have or have not; and/or to identify the particular NSRS reports that I may have provided or made available. | |||
: 6. If you answered No to question 5, please read, sign, and date the certi-fication at the end of this questionnaire. | |||
a If you answered Yes or indicated that you may have, but need time to review your records, go to question 7, then please read, sign and date the certification' at the end of this questionnaire. | |||
: 7. Please estimate the number of _ manhours you believe it would require for you to review your records to determine whether you have provided or made availble any NSRS reports to the NRC staff and/or to identify which specific reports you are familiar with. In considering the estinated amount of time, we are interested in (1) identifying the specific NSRS report (s); (2) method by which provided; (3) person (s) to whom you provided the report (s); (4) regulatory -issues identified in the report (s); and (5) the resolution of any regulatory issues by TVA. | |||
Estimated manhours . | |||
WE ARE NOT ASKING YOU TO MAKE A DETAILED REVIEW 0F YOUR RECORDS AT THIS-TIME. YOU MAY BE SENT A SECOND QUESTIONNAIRE AT A LATER DATE. | |||
I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREG0ING IS TRUE AND CORRECT. | |||
Signature: Date: | |||
Name (print or type): | |||
Address: | |||
City, State: Zip: | |||
Telephone: Home ) | |||
Work ) | |||
l | |||
APPENDIX V | |||
.[j . cg'o,, | |||
= | |||
UNITED STATES | |||
-l +'h . . , '. ;E NUCLEAR REGULATORY COMMISSION WASHING TON, D. C. 205S5 | |||
: t. ' | |||
/ Approved by: | |||
%, ,***,/ November 12, 1986 OMB No. 3150-0137-Expires 10/30/87 MEMORANDUM FOR: Current and Former NRC Personnel FROM: Shar'on R. Connelly, Director Office of Inspector and Auditor | |||
==SUBJECT:== | |||
OIA FOLLOWUP QUESTIONNAIRE CONCERNING NRC STAFF ACCESS TO NSRS REPORTS Inmid-AugustyoureceivedaquestionnairefromtheOfficeofI$spectorand Auc'itor asking for certain infs, . :r. cbcut ycar knowledge of and/or access ' | |||
to TVA's NSRS reports issued prior to January 1, 1985. Your response stated that you have or may have information regarding NRC's access to or receipt of NSRS reports, but that you would require additional time to review your records. As we indicated in the previous questionnaire, we would be sending you a second questionnaire asking for specific information. Attached is the ' | |||
follow-up questionnaire. Also attached is a list of NSRS reports which may assist you in recalling the reports you may have requested, received, or read. | |||
In addition, for your convenience we have included a copy of your response to our initial questionnaire. | |||
We would greatly appreciate your immediate response to and return of this questionnaire in the enclosed envelope. If you have any questions regarding this questionnaire, please contact Richard Donovan of my staff on (FTS) 492-4458 or call our toll free numbers (in Maryland 1-800-368-5642, extension 2-4458 or outside of Maryland 1-800-426-8096, extension 2-4458).. | |||
V, k :n E. e c) . . (W ; | |||
Sharon R. Connelly, Director j OfficeofInspectorandAuditof Attachments: ! | |||
As Stated t | |||
I 5 | |||
OIA INQlJIRY INTO THE DISTRIBUTION AN0/0R RECEIPT OF TVA'S NUCLEAR SAFETY REVIEW STAFF (NSRS) REPORTS | |||
: 1. Name: | |||
2, Current Position or Position Prior to Leaving: | |||
: 3. Position (s) Held During 1/1/80 - 1/1/85: | |||
(a) | |||
(b) | |||
(c) | |||
: 4. Did any of the position (s) you held include responsibility for inspection activities for operating reactors and/or reactors under construction at TVA? Yes No i | |||
Please describe. | |||
: 5. Have you ever requested / received / read any NSRS reports? | |||
Yes No Don't recall | |||
: 6. Please identify the report (s) by number, if possible, from the attached listing, who gave the report or the means by which you obtained the l l | |||
report, and the reasons for your interest in each report. ! | |||
Approximate If not received but l Received Date given access j Report No. From Received Read (Date & Place) l 1 | |||
Reason for interest: | |||
1 1 | |||
2 o | |||
: 7. Were there any regulatory issues in the NSRS report (s) you read? | |||
Yes No Don't recall ' | |||
Please describe the regulatory issue (s) and identify the NSRS report (s) | |||
~ | |||
8. | |||
in which the issue (s) was identified? ., | |||
: 9. Did NRC follow-up on the issue? Yes No How was it resolved? - | |||
i r | |||
: 10. Did you report the issue to your management? Yes No How was this information reported and to whom was it reported? | |||
t | |||
: 11. What physical disposition was made of each report you had? | |||
: 12. Other comments / remarks: | |||
I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREG0ING IS TRUE AND CORRECT. | |||
Signature: Date: | |||
Name (print or type): | |||
rr | |||
APPENDIX VI "Response of Former Director, NSRS" NRC INQUIRY INTO THE DISTRIBUTION AND/0R RECEIPT OF TVA'S huCLEAR SAFETY REVIEW STAFF (NSRS) REPORTS Are you aware of any formal arrangements by which NSRS reports were provided to, requested by, or received by NRC before January 1, 1985? | |||
Yes. | |||
Please describe those arrangements. | |||
Prior to January 1,1985, there were two formal arrangements by which NSRS reports were provided to NRC. | |||
: 1. When NRC was aware of, or desired an hSRS report for official purposes, the report was requested through the licensing group in Chattancega (at the time run by Larry Mills). In these cases, NSRS provideo the report to Mr. Mills and he sent the report to NRC through official channels. | |||
: 2. In the summer of 1984, NSRS issued a report dealing with the thimble tube ejection accident at Sequoyah Plant. The report was some how provided to the press. After the report was provided to the press, a formal | |||
' arrangement was made by NSRS that when reports were issued, a copy would be provided to the TVA Information Office. It was my understanding that l | |||
any time TVA provided a report to the press (via Information Office) the report would automatically be provided to the NRC. | |||
Are you aware of any informal arrangements by which NSRS reports were provided to, requested by, or received by NRC before January 1, 1985? | |||
I Yes Please describe those arrangements. | |||
On a number of occasions NSRS reports were informally provided to hRC prior to January 1, 1985. The reports were provided for the folicwing reasons and under the following circunstances. l l | |||
l | |||
2 | |||
: 1. In late 1980 or early 1981, Mr. Willis (the TVA General Manager) indicated to me that Mr. O'Reilly (the Regional NRC Director) was not convinced that NSRS was doing much of anything. I told Willis that was primarily since he didn't know what we were involved with. I recall going to Atlanta and sitting down with 0'Reilly and providing him with a sumary of what the NSRS program was and I'm sure I carried a few reports with me to indicate the scope and depth of our reports. I believe I did this on later occasions to keep 0'Reilly aware of our activities. When reports were provided to the Region, it was primarily to indicate the scope and depth of the overall program - not to notify NRC of a specific problem. NSRS always provided the NSRS reports to the line organization within TVA and if the identified problems required reporting to NRC, the line had the responsibility to report the identified item through fonnal channels. | |||
: 2. On several occasions, one or more members of the staff went to Atlanta to brief the NRC on a specific report. This would have come up because the ; | |||
NRC was aware that we had a given item under investigation and wanted to l know of the findings. I specifically remember Mike Kidd making a ! | |||
presentation on an investigation he made, although I don't remember if the report was provided or not. ) | |||
i | |||
: 3. When reports were provided to the Region informally, it is my ) | |||
understanding that the reports were used to determine what NSRS was ; | |||
doing, not as a basis for them using NSRS reports to issue findings against TVA. The reports were not intended for widespread use in NRC and ) | |||
were returned or destroyed (I don't know which). I l | |||
: 4. In the case of the thimble tube ejection accident at SQN, NRC staff from l the Region came to NSRS offices and examined all the reports on the l accident, transcripts and all support data. Later the information was i provided to NRC. l l | |||
: 5. As regards the NRC in Washingtor, NSRS interfacing with NRR was very I limited. NSRS (primarily the Director) went to NRR for some presentations and provided surnery viewgraphs regarding reviews at Watts Bar and I believe some statements regarding the NSRS findings on the Black and Veatch study. Also made one presentation to the ACRS subcomittee indicating the scope of the staff activities. | |||
: 6. There was general understanding by NRC both in the Region and in NRR that the NSRS reports were available for anyone in NRC to examine. Further, the reports existed at the various plants and the NRC resident inspectors were always aware of the existence of NSRS reviews, investigations and reports. | |||
- 4 ! | |||
J .. | |||
Schedule of NSRS Reports Read by NRC Region II , | |||
Prior to January 1, 1985 NSRS Reports Issued October 1979 - August 1985 NSRS Reports Identified in: | |||
6/4/86 OIA OIA Interviews of Report No. Date Issued Subject Int. Resp Quest Whitt Lewis O'Reilly R-80-02-BFN January 9, 1980 Nuclear Safety Review Staff Investigation of Browns Ferry Unit 3 Containment Leakage Problem - Dec. 6-9, 1979 X X R-81-08-BFN May 15, 1981 Major Management Review of the Office of Power and the Office of liealth and Safety Management Controls X ? | |||
R-81-13-NPS September 4, 1981 Special Review of TVA's Nuclear Security Program X X X ? | |||
R-81-14-0EDC September 19, 1981 Major Management Review of (BLN) the Office of Engineering Design and Construction X ? | |||
R-81-15-PURCil September 8, 1981 Major Management Review of the Division of Purchasing Management Controls Affecting Bellefonte Nuclear Plant X ? | |||
R-81-19-NPS September 29, 1981 Special Review of the TVA Quality Assurance Program X ? | |||
15 X - denotes identified report | |||
? - denotes possible but not 100% sure ll x | |||
Schedule of NSRS Reports Read by NRC Region II , | |||
Prior to January 1, 1985 NSRS Reports Issued October 1979 - August 1985 NSRS Reports Identified in: | |||
6/4/86 OIA OIA Interviews of Report No. Date Issued Subject Int. Resp Quest Whitt Lewis O'Reilly R-81-28-WBN January 20, 1982 Mini-Management Review of Watts Bar Nuclear Plant X X X ? | |||
R-81-30-BFH December 18, 1981 Browns Ferry Nuclear Plc.nt - Special Review of Security Training and Security Systems X R-81-31-NPS March 31, 1982 Special Review of the Division of Nuclear Power "' | |||
Operating Training Program X ? | |||
R-82-01-PSS March 19, 1982 Management Review of Public (Safeguards) Safety Service X R-82-07-WBN June 9, 1982 Inspection Practices of Structural Steel Welds - | |||
Special Report X ? | |||
R-82-08-NPS February *23,1983 Review of the Office of Power Water Quality Program X ? | |||
R-82-16-BLN September 19, 1982 Investigation of Alleged Improper Termination of Services of a Personal Services Contract Empioyee X ? | |||
X - denotes identified report | |||
? - denotes possible but not 100% sure | |||
--_______________ __ ____. t | |||
Schedule of NSRS Reports Read by NRC Region II | |||
* Prior to January 1, 1985 MSRS Reports Issued October 1979 - August 1985 NSRS Reports Identified in: | |||
6/4/86 OIA OIA Interviews of Report No. Date Issued Subject Int. Resp Quest Whitt Lewis O'Reilly I-82-26-SQN December 17, 1982 Investigation of Alleged Improper Radiograph Techniques X X X I-83-04-SQN February 11, 1983 Sequoyah Nuclear Plant - | |||
Concerns Relating to Quality Assurance Activities Within the Construction Electrical Engineering Unit X w | |||
I-83-13-NPS June 7, 1983 Investigation of Concern Regarding Quality Engineer-ing Branch Records X ? | |||
I-83-17-BLN July 27, 1983 NSRS Review of TVA's Nuclear Security Program X X R-83-19-0QA August 24, 1983 tiajor Management Review of the Office of Quality X | |||
Assurance I-83-21-SQN December 12, 1983 Employee Concern - Violation of Quality Assurance Procedures at Sequoyah Nuclear Plant - | |||
Division of Construction X X - denotes identified report | |||
? - denotes possible but not 100% sure D | |||
_ - _ - _ _ _ _ - _ _ _ - _ _ _ _ _ _ - _ _ _ _ . _ _ _ _ _ _ _ . _ _ _ _ - , - _ _ _m _ . ._- u-2 __ = | |||
L Schedule of NSRS Reports Read by NRC Region II | |||
* Prior to January 1, 1985 NSRS Reports Issued October 1979 - August 1985 NSRS Reports Identified in: | |||
6/4/86 OIA OIA Interviews of Date Issued Subject Int. Resp Quest Whitt Lewis O'Reilly Report No. | |||
I-83-28-BFN March 7, 1984 Excessive Water in Radwaste Shipment from Browns Ferry Nuclear Plant X R-84-02-WBN April 13, 1984 Watts Bar Nuclear Plant Operational Readiness Review X R-84-05-WBN June 4, 1984 Operational Readiness Review - | |||
Phase II X ,, | |||
R-84-06-NPS May 25, 1984 Review of TVA's Nuclear X | |||
(Safeguards) Security Program X I-84-12-SQN August 1, 1984 Sequoyah Nuclear Plant - | |||
Investigation of Unit 1 Incore Instrumentation Thimble Tube Ejection Accident X X on April 19, 1984 X X R-84-15-WBN December 27, 1984 Watts Bar Nuclear Plant - | |||
Operational Readiness Review - Phase 11 X a | |||
X - denotes identified report | |||
? - denotes possible but not 100% sure | |||
i - | |||
Schedule of NSRS Reports Read by NRC Region II , | |||
Prior to January 1, 1985 NSRS Reports Issued October 1979 - August 1985 NSRS Reports Identified in: | |||
6/4/86 OIA OIA Interviews of Subject Int. Resp Quest Whitt Lewis O'Reilly Report No. Date Issued I-84-16-BFN June 15, 1984 NSRS Investigation of Concerns Related to Failures of the High Pressure Coolant Injection (HPCI) System at Browns Ferry Nuclear Plant X X X ? | |||
R-84-20-BFN July 30, 1984 Assessment of the Browns Ferry Regulatory Perform-ance Improvement Plan X ? | |||
~ ' ' | |||
I-84-30-BFN December 7, 1984 Invesdigation c' Problems , | |||
/ Concerning Category.I Supports at Browns Ferry X ? | |||
' Nuclear Plant I-84-31-BFN November 8, 1984 Investigation of Browns Ferry Nuclear Plant Unit 3 Startup from Cold Condition with RHR in Shutdown Cooling Mode on October 22, 1984 X X X X 1 | |||
X - denotes identified report | |||
? - denotes possible but not 100% sure | |||
1 i | |||
i | |||
-L TWA Employees Wh6 Identified NSRS Reports Pro' tided to NRC Prior to January 1,.1985 . | |||
= | |||
Employee Report No. !?eport Subject Gerald Brantley 1-84-12-SQh Thimble Tube Lawrence Nobles I-84-12-SQN Thimble Tube 4 | |||
Ralph Shell R-81-23-WBN Mini-lianagement Review on Watts Bar QA Kennii Whi tt See Appendix VII N | |||
A 5 | |||
~ | |||
4 , | |||
4 M | |||
I 6 | |||
NRC Employees Who Identified NSRS Reports Read / Received Prior to January 1, 1985 CURRENT EMPLOYEES: | |||
Employee Report No. Report Subject Elinor Adensam I-84-12-SQN Thimble Tube A. Bill Beach I-84-12-SQN Thimble Tube Charles Brooks I-84-16-BFN Failure of HPCI at Browns Ferry I-84-31-BFN Browns Ferry Startup from Cold Condition with RHR in Shutdown Cooling Mode P. T. Burnett I-84-12-SQN Thimble Tube Steven Butler R-81-28-WBN Mini-Management Review at Watts Bar - | |||
R-81-13-NPS Nuclear Security R-81-30-BFN Browns Ferry Security Training and Security Systems R-82-01-PSS Routine Review Sequouah R-83-16-NPS Confidential Employee Concern (believed to be I-83-16-NPS because there is no R-83-16-NPS) | |||
Floyd Cantrell, Jr. I-84-16-BFN Failure of HPCI at Browns Ferry Douglas Collins I-84-12-SQN Thimble Tube Albert Gibson I-84-12-SQN Thimble Tube Alan Herdt I-82-26-SQN Alleged Improper Radiograph Techniques George Jenkins I-84-12-SQN Thimble Tube Caulde Julian I-84-16-BFN Failure of HPCI at Brown Ferry 2 I-82-26-SQN Alleged Improper Radiograph Techniques 15 E | |||
. E3 x | |||
s; - | |||
Employee Report No. Report Subject Phillip McKee I-84-12-SQN Thimble Tube I-84-16-BFN Failure of HPCI at Browns Ferry Warren Minners I-84-12-SQN Thimble Tube . | |||
Frank J. Miraglia I-84-12-SQN Thimble Tube Daniel Murphy I-84-12-SQN Thimble Tube Thomas Novak I-84-12-SQN Thimble Tube James G. Partlow I-84-12-SQN Thimble Tube Charles Patterson I-84-16-BFN Failure of HPCI at Browns Ferry , | |||
Charles Rossi I-84-12-SQN Thimble Tube Frank Schroeder I-84-12-SQN Thimble Tube to Milton Shymlock R-84-02-WBN Watts Bar Plants Operational Readiness Review R-84-05-WBN Watts Bar Plants Operational Readiness Review - Phase II R-84-15-WBN Watts Bar Plants Operational Readiness Review - Phase III Carl Stahle I-84-12-SQN Thimble Tube . | |||
James Taylor I-84-12-SQN Thimble Tube i | |||
Employee Report No. Report Subject Bruno Uryc I-82-26-SQN Alleged Improper Radiograph Techniques I-83-04-SQN Sequoyah - Concerns re Quality Assurance Within Construction Electrical Engineering Unit I-83-21-SQN Violation of QA Procedures at Sequoyah - | |||
Division of Construction James Verse I-84-12-SQN Thimble Tube I-83-28-BFN Excessive Water in Radwaste Shipment from Roy Weddington Browns Ferry Stephen Weise I-84-12-SQN Thimble Teba Everett Williamson I-84-12-50N Thimble Tube John York I-82-26-SQH Alleged Improper Radiograph Techniques | |||
') | |||
FORMER EMPLOYEES: | |||
Richard Lewis See Appendix VII John Olshinski I-84-12-SQN Thimble Tube , | |||
James O'Reilly See Appendix VII | |||
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UNITED STATES NUCLEAR REGULATORY COMMISSION s .j W AS HIN GTON. D.C. 20555 e a | |||
\...../ | |||
OFFICE OF THE February 12, 1988 SECRETARY l | |||
MEMORANDUM FOR: Betsy Shelburna, Chief Public Document Room FROM: Sandy Sh an M hiof Corresp d Records Branch | |||
==SUBJECT:== | |||
RELEASE OF OIA REPORT, "REVIEW OF NRC'S RELATIONSHIP WITH TVA'S NUCLEAR SAFETY REVIEW STAFF (NSRS) | |||
The attached OIA report has been cleared with the Commissioners, OIA and OGC for release to the public. Please place the attached copy in the PDR. | |||
I m | |||
{cc: DCS I}} |
Revision as of 04:46, 13 November 2020
ML20196D416 | |
Person / Time | |
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Site: | Browns Ferry |
Issue date: | 12/31/1987 |
From: | NRC OFFICE OF INSPECTOR & AUDITOR (OIA) |
To: | |
Shared Package | |
ML20196D427 | List: |
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NUDOCS 8802170125 | |
Download: ML20196D416 (55) | |
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g NUCLEAR REGULATORY COMMISSION E WASHINGTON, D. C. 20555 O k...../ DEC 2 81997 MEMORANDUM FOR: Chairman Zech Comissioner Roberts Comissionce Bernthal Comissioner Carr Comissioner Rogers FROM: Sharon R. Connelly, Director Office of Inspector and Auditor
SUBJECT:
REVIEW OF NRC'S RELATIONSHIP WITH TVA'S NUCLEAR SAFETY REVIEW STAFF (NSRS) Attached is our report on the results of our review of NRC's relationship with the Tennessee Valley Authority's (TVA) Nuclear Safety Review Staff (NSRS) regarding NRC's receipt and distribution of NSRS reports prior to January 1, 1985. This review was conducted in response to.a letter dated March 19, 1986, from Congressman John Dingell to the Chaiman. The Chairman provided Congressman Dingell with an interim response dated June 4, 1986, and informed Congressman Dingell that the Office of Inspector and Auditor (01A) would obtain the additional information not included in the interim response of June 4,1986. The attached report contains the information we obtained in response to Congressman Dingell's request. Our review was conducted during the period from July 1986 through June 1987. We relied primarily on responses to questionnaires sent to certain current NRC Headquarters personnel; certain current and former NRC Region II personnel; and certain current and former TVA personnel. In addition, we interviewed two former senior officials of NRC Region II and one former NSRS official. Conclusion Based on our review of responses to the questionnaires and interviews we found there were no formal or informal arrangements between NRC and TVA's NSRS to routinely provide NSRS reports to NRC prior to January 1, 1985. Our review indicated that NRC's senior regional management was aware of NSRS' existence and general activity since NSRS' inception. Both Region II and NSRS understood that the NSRS organization and its activities were not a regulatory requirement. However, NSRS did cooperate with Region II in providing NSRS reports when requested by Region II senior management or by Region II inspectors when visiting a TVA site.
~ f # , DEC 2 81987 2 Our review identified 29 NSRS reports that the NRC Headquarters and Region II staffs had access to or received. This includes six reports previously identified in NRC's June 4.-1986 interim response to Congressman Dingell. Sharon R. Connelly, Director Office of Inspector and Auditor
Attachment:
As stated cc: S. Chilk, SECY W. Parler, 0GC V. Stello, EDO J. Taylor, EDO T. Murley, NRR T. Rehm EDO S. Ebneter, OSP H. Denton, GPA J. N. Grace, RII j b i
t b i TABLE OF CONTENTS Page
~
INTRODUCTION 1 i BACKGROUND 1 SCOPE 2 ; METHODOLOGY 2 FINDINGS 3 SURVEY QUESTIONNAIRE 4 FOLLOW-UP QUESTIONNAIRE 5 FORMAL ARRANGEMENTS 5 6-INFORMAL ARRANGEMENTS i NSRS REPORTS REQUESTED / RECEIVED / READ BY NRC EMPLOYEES PRIOR TO JANUARY 1, 1985 9 i NSRS REPORTS PROVIDED BY TVA EMPLOYEES PRIOR TO JANUARY 1, 1985 11 . INTERVIEWS WITH FORMER SENIOR OFFICIALS 12
SUMMARY
OF NSRS REPORTS RECEIVED / READ BY l NRC EMPLOYEES 12 CONCLUSION 12 ; APPENDICES > 1 Appendix I - Memo frm Congressman John Dingell to NRC Chairman dtd 3/19/86 Appendix II - Memo frm NRC Chairman to Congresscan
- John Dingell dtd 6/4/86 Appendix III - Memo frm Director, DIA, to NRC i Chairman 'dtd 7/17/86 Appendix IV - Examples of Questionnaires sent to Current and Former NRC Employees and Current .
and Former TVA Employees :
- Appendix V - Foll'ow-up Questionnaire
- t Appendix VI - Copy of Respense frm Former Director, ;
NSRS e
i t i 2 i h Appendix VII - Schedule of NSRS Reports Read by HRC Region II Personnel Prior to 1/1/85 Appendix VIII - TVA Employees Who Identified NSRS Reports Provided to NRC , Appendix IX - NRC Employees Who Identified NSRS Reports P.ead/ Received Prior to 1/1/85 i
e s INTRODUCTION The Office of Inspector and Auditor (OIA) has conducted an inquiry to deter-mine whether the Nuclear Regulatory Comission (NRC) had any formal or informal arrangements with the Tennessee Valley Authority (TVA) for the routine receipt or distribution of TVA's Nuclear Safety Review Staff (NSRS) reports prior to January 1, 1985. The NSRS, which is no longer in existence, was responsible for independently reviewing and monitoring all aspects of the TVA nuclear program, and providing advice to the TVA Board of Directors. BACKGROUND The Chairman, NRC, received a letter dated March 19, 1986, from Congressman John D. Dingell, Chaiman, Subcomittee on Oversight and Investigations, Comittee on Energy and Commerce, U.S. House of Representatives, requesting certain information regarding TVA's NSRS reports (Appendix I). Essentially, Congressman Dingell requested information regarding NSRS reports published prior to January 1, 1985, and the arrangements by which those reports may have been provided or made available to the NRC staff. In particular. Congressman Dingell wanted to know the names of the NSRS reports provided, the names of NRC staff who received them, the names of TVA personnel who provided them, and the final disposition of the reports. Congressman Dingell suggested that the specified information he wanted be obtained from all current or fomer NRC employees who were based in Region II from January 1, 1980 through January 1, 1905 and were at the Project Branch Chief level or above. He requested that infomation be provided by sworn affidavit. He also requested that employees who do not possess information of this kind should 1e requested to so state under oath. In addition, Congressmar Dingell requested that past and present senior NSRS officials be interviewed under oath for the purpose of determining their knowledge of providing NRC staff with copies of NSRS reports during the period l of January 1, 1980 through January '., 1985. j By letter dated Jttne 4,1986, the Chairman, NRC, provided Congressman Dingell with an interim response to his request (Appendix II). The interim response contained information obtained from current NRC employees who were in the Region II office during the specified period, and who held the position of Branch Chief or above. The response also identified six NSRS reports the Region II staff had access to or received, and noted three additional, unidentified reports had been received from confidential sources. The Chaiman infomed Congressman Dingell that the interim response did not include info mation from former NRC employees or present and past TVA employ- ) ees. The Chairman stated that OIA would obtain the infomation regarding past
!JRC enricyees end wrrent anti past TVA trpioyees.
By memorandum dated June 4, 1906, the Chairman requested the Director, OIA, to obtain the infomar. ion described in the interim response. l l l
i SCOPE Our review was conducted in accordance with generally accepted Government auditing standards during the period from July 1986 through June 1987. Our review relied primarily on responses to questionnaires sent to certain current NRC Headquarters personnel; certain current and former NRC Regicn 11 personnel; and certain current and fomer TVA personnel. In addition, we interviewed under oath, James P. O'Reilly, former Regional Administrator, Region II; Richard Lewis, former Deputy Regional Administrator (and prior to that, Director, Division of Reactor Projects and Resident Programs) Region II; and Kermit Whitt, former Assistant Director, NSRS, TVA. METHODOLOGY By memorandum dated July 17, 1986, we informed the Comission of our plans to obtain the informa' tion requested by Congressman Dingell (Appendix III). Our review depended substantially on the use of survey questionnaires designed to solicit responses to Congressman Dingell's inquiries. We initially surveyed all current and fomer Region 11 professional staff regardless of position; certain current NRC Headquarter's staff who were likely to have knowledge of TVA related activities; and certain current and fomer TVA personnel, including all former NSRS personnel, who were likely to have knowle fge of NSRS reports provided to NRC. The purpose of the survey questionnaire was to identify those NRC personnel who had or may have had access to or read NSRS reports, and those TVA personnel wte had or may have provided or made available such reports to NRC. For n ample, region based inspectors who were not in a position of branch chief or above, may have visited a TVA site and had access to NSRS reports. To that extent, our interest was in identifying as many personnel as possible who were aware of or had access to such reports. Copies of our survey questionnaires are at Appendix IV. We sent survey questionnaires to current NRC e.T.ployees on August 12, 1986. In order to solicit written information from everyone except NRC employees, Office of Management and Budget (CMB) approval was required in accordance with the Paperwork Reduction Act of 1986 (44 U.S.C. Chapter 35), and NRC Manual Chapter 0230, "Collection of Information and Reports Management." CMB approval was received on September 5, 1986, and was effectivo through i September 30, 1987. This OMB requirement applied to non-current NRC employees and both current and non-current TVA employees. We sent survey cuestionnaires to former NRC employees on September 23, 1986; and to current and former TVA employees on October 7, 1986. Upon receipt of the responses to the survey questionnaire, we mailed a follow-up questionnaire to selected respondents who indicated some knowledge of or involvement in the relationship between NRC and NSRS. The second , questionnaire was designed to obtain more detailed infomation regarding their knowledge of NSRS reports to which NRC had access. A copy of the detailed , follow-up questionnaire is at Appendix V. In February 1987, we also sent a follow-up letter to individuals who had not yet responded to the initial questionnaire requesting that they respend. To ar.comodate Congressman Dingell's request to obtain the information under oath or by sworn affidavit, both questionnaires required each respondent to 1 sign a statement attesting to the accuracy of the infomation provided. To assure that the statement met the legal intent of Congressman Dingell's
3 requirement, we used a statement of certification from Title 28, Judiciary and Judicial Procedure, paragraph 1746, Unsworn Declaration Under Penalty of Perjury. At our request, the Office of the General Counsel, NRC, reviewed the usage of the statement and, by memorandum dated August 8, 1986, informed us that the statement of certification was acceptable. The one objection to the questionnaire we received from some recipients was their reluctance to sign the certification statement. We encouraged respondents to sign the certifications but, in some cases in order to get responses, agreed to respondants' requests to alter the wording in the certification to state in essence, that the information provided was true and correct "to the best of their knowledge." At the outset of our review we decided to interview both James P. O'Reilly, former Regional Administrator, and Richard Lewis, former Deputy Regional Administrator, Region II, rather than sending them questionnaires. These interviews were conducted on May 13, 1987. The information was .provided under oath and recorded by an independent, professional reporting service. We did send questionnaires to the former managers of NSRS. We also interviewed Kermit Whitt, former Assistant Director, NSRS, on May 12, 1987. Because of the detailed response to our questionnaire provided by the fomer Director, NSRS, we did not see a need to interview him. A verbatim copy of his response is provided as Appendix VI. FINDINGS The results of our interviews and the responses to our questionnaires indicate that a vast majority of both current and former NRC and TVA personnel we surveyed were unaware of any formal or informal arrangement between NRC and TVA's NSRS to routinely provide NSRS reports to NRC prior to January 1,1985. Our analysis showed that 96.5 percent of the respondents believed there was no formal arrangement and 87.1 percent believed there was no informal arrange-ment. The absence of formal or informal arrangements was also confirmed in our interviews with both Mr. O'Reilly and Mr. Lewis the former Regional Administrator and Deputy Regional Administrator, respectively, as well as Mr. Whitt, former Assistant Director for NSRS. Our review indicated that NRC's senior Regional management was aware of NSRS' existence and general activity since NSRS' inception. However, both Region II , and NSRS understood that the NSRS organization and its activities were not a regulatory requirement. Therefore, NSRS was not required to report to NRC, TVA was not required to provide NSRS' reports to NRC, and NRC was not required to inspect or oversee NSRS' activities. Notwithstanding this, NSRS did cooperate with Region II in providing NSRS reports when requested and in attending NRC Region II enforcement conferences regarding TVA's nuclear power program. Based on our discussions with Mr. O'Reilly, Mr. Lewis and Mr. Whitt, the majority of interactions between , NRC and NSRS occurred between Mr. Lewis and Mr. Whitt. It appears that their i relationship was open and informal. Further, some Region II staff, (i.e., the resident inspectors ) did solicit or review NSRS reports as part of their l routine activity at the site. They did not consider NSRS reports to be "off-limits." w
c 1 4 I Our review showed that reports were generally provided by NSRS to Region II upon their request. In most cases, the requests were by Mr. Lewis in his position as Director, Division of Reactor Projects and Resident Programs, to Mr. Whitt, the Assistant Director, NSRS. The reports were then either returned to NSRS, thrown away, or, in some cases, stored in the resident inspector's files at the site. i Our review identified 23 NSRS reports that the Region II staff had access to or received in addition to the six NSRS reports identified in Enclosure 2 to the June 4, 1986 interim NRC response to Congressman Dingell. These 29 reports are listed in Appendix VII. In addition, information we developed relating to the specific questions raised by Congressman Dingell regarding the list of TVA employees who identified specific NSRS reports provided to NRC prior to January 1, 1985, and a list of NRC employees who indicated to us they had requested / received / read NSRS reports prior to January 1, 1985, is shown in Appendices VIII and IX, respectively. A sumary of our interviews and the responses to our questionnaires follow. SURVEY QUESTIONNAIRE We sent our survey questionnaire to a total of 424 addressees. We received 373 responses or about an 88 percent return. Following is a table showing the distribution of survey questionnaires sent and received by category of employ-ment: Number Number Category of Employment Sent R_eceived Percent Current NRC Office of Inspection and Enforcement (IE) 35 35 100 Office of Nuclear Reactor Regulation (NRR) 59 59 100 : 1 Region II 165 164 99 55 36 65 ! Former NRC Current & Former TVA 110 79 72 l Total 424 373 87.9% 1 One individual retired frem Federal Service without respcnding. l l I
5 FOLLOW-Up QUESTIONNAIRE Based on the responses to the survey questionnaire, we sent 27 follow-up questionnaires to current NRC staf f who had answered either "yes" or "maybe" to the question of whether they had read, received, or had access to NSRS reports prior to January 1, 1985. The 27 selected were also those respondents who were in a Branch Chief position or higher, or in some cases were resident inspectors at a TVA site. Of the 27. fifteen were at NRC Headquarters and the remaining twelve were M Region II. We received 27 responses. The informa-tion provided in the follow-up questionnaire is included in our analysis under the heading "Current NRC" on page 9 of this report. Following is our analysis of the responses we received to our questionnaires. The format is presented by guestion and the responses received from each category of employment. For ease of presentation, we have grouped IE and NRR responses together as NRC Headquarters. Current and former TVA employees were asked the same questions, although some wording was changed to make the question applicable to the recipient. The first two questions analyzed be. low are from the survey questionnaire. The third question is a combined response from both the survey and the detailed follow-up questionnaire. ARE YOU AWARE OF ANY FORMAL ARRANGEMENTS BY WHICH NSRS rep 0RTS WERE PROVIDED TO, REQUESTED BY, OR RECEIVED BY NRC BEFORE JANUARY 1, 19857 Responses Category of Employment Received Yes No Current NRC IE 35 0 35 NRR 59 0 59 Region II 164 4 160 Former NRC 36 2 34 Current and Former TVA 79 7 72 Total 373 13 360 Current NRC Employees Two of the four Regional respondents that answered "yes", stated NSRS reports were reviewed in connection with the routine inspections at TVA facilities. The other two respondents answered that NSRS reports would be requested by Region II in regards to specific interests such as licensee identified issues in the media. Former NRC Employees . The two former NRC employees that said "yes", stated that (1) inspectors had the right to review any report the utility maintained, ano (2) all reports were accessible during regular inspections.
6 Current and Former TVA Employees Of the seven current and former TVA employees who answered yes, two referred l to the NSRS report on the Thimble Tube event at Sequoyah being provided to NRC ; upon request. The response of the former Director, NSRS, stated there were two "formal" arrangements by which NSRS reports were provided to NRC: (1) When NRC was aware of cr desired an NSRS report for official purposes, in Chattanooga. NRC requested In those the reports cases, NSRS through provided the TVA's reportslicensing group (TVA) and they in to Licensing turn sent the report to NRC through official channels. (2) In the sunr.er of 1984, NSRS issued a report dealing with the Thimble Tube event at Sequoyah. This report was "somehow provided to the press." After this, a formal arrangement was made by NSRS that when reports were issued a copy would be provided to TVA's Information Office. Accordingly, when reports were issued to the press, via the Information Office, the report would automatically be provided to the NRC. Three of the TVA respondents indicated that reports were provided on a case-by-case basis when NRC requested them. The seventh respondent indicated that NSRS's Report on Mini-Management Review on Watts Bar, was submitted as part of a formal licensing submittal in February 1982. i ARE YOU AWARE _OF ANY INFORMAL ARRANGEMENTS BY WHICH NSRS REPORTS WERE PROVIDED ; TO, REQUESTED BY, OR RECEIVED BY NRC BEFORE JANUARY 1, 19857 Responses Catecory of Employment Received Yes o No, 1 l Current NRC IE 35 2 33 )' NRR 59 5 54 i Region II 164 16 148
- Former NRC 36 3 33 Current & Former TVA 79 22 57 Total 373 48 325 Current NRC Employees
! The seven respondents from Headquarters who answered "yes", indicated that they did not have direct or specific knowledge of any infonral arrangements. However, some did indicate that they were aware that Region 11 staff could or did obtain NSRS reports on occasion by request. The 16 respondents fren i Region II generally acknowledged that NSRS reports were available to NRC inspectors during inspections at the sites. One respondent specifically stated that during an inspection at Browns Ferry in March 1984, the licensee
7 showed him an NSRS report regarding an investigation of excess water in a radioactive resin lier shipent to the B6rnwell, South Carolina disposal site. The respondent said his review of the NSRS report is documented in his inspection report. Former NRC Ernployees Of the three former NRC employees who answered "yes", one stated he believed the Region had a practice of reviewing internal reports of licensees while NRC inspectors were at the site; the second stated that all reports were accessi-ble during regular inspections; and the third said he believes that NSRS reports "shewed up" several times at Region II. Current and foregr TVA Employees The teost descriptive explanation we receivec regarding formal / informal arrangements was from the former Director, NSRS. A copy of his response is thown as Appendix VI. The former Director, NSRS, stated in essence, that as early as 1981, the former Regional Administrator, Mr. O'Reilly, had queried TVA about NSRS and was given a briefing about the NSRS organization and function. He said copies of reports were provided to the Regional Administrator to shew the scope and depth of the overall program. He further stated that when reports were subsequently provided to the Region it was to keep the Region aware of NSRS' activities and not to notify NRC of a specific problem. The former NSRS Director stated it was his understanding that the NSRS reports were not to serve as a basis to issue findings against TVA. Also, the reports were not intended for widespread use in NRC and they were subsequently returned or destroyed. Further, NSRS interface with NRR was very limited, however, some presentations were made by NSRS mana well as the Advisory Comittee on Reactor Safeguardssubcommittee. (ACRS)gement The to NRR fomer Director, NSRS, concluded that there was a general understanding by NRC and NSRS that the reports were available to anyone in NRC to examine. He also said the reports were at the various plants and the resident inspectors were always aware of the existence of NSRS reports. The other 21 TVA respondents who answered yes, generally stated that NSRS reports were either provideo to NRC Region II upon request or NSRS reports were available at the sites to NRC inspectors. Also, TVA's Office of Information provided Region II with copies of NSRS reports released to the news media. Following are examples of the coments made: Former Site Director - Sequoyah - The resident had access to and could obtain copies through our Ccmpliance Section of any information we had except personnel records, proprietary documents and INP0 draft reports. NSRS reports, draft or final, would have been available through this l arrangement. Manager of Nuclear Construction - During my time as the Bellefente Project Manager, I routinely provided hSRS reports to the Site Resident Inspector. Plant Manager - Browns Ferry - All NSRS reports and responses pertinent to Browns Ferry are on file at reactor sites. All of these reports are
- fully accessible to any authorized representative of NRC upon request.
g During interviews with Mr. Whitt, Mr. Lewis, and Mr. O'Reilly we were told that there were no formal or informal arrangements whereby NSRS reports were provided to NRC on a routine basis prior to January 1, 1985. Mr. Whitt, the former Assistant Director for NSRS, stated that nearly all NSRS reports provided to Region II were in response to requests from Mr. Lewis. (Note: Mr. Lewis was the Deputy Regional Administrator for only 3 to 4 months prior to his retirement in January 1985. Prior to that he was the Director, Division of Reactor Projects and Resident Programs, Region II.) Mr. Whitt said the requests for NSRS reports were informal, usually by telephone, and no records were maintained as to which reports were sent. According to Mr. Whitt, he occasionally called Mr. Lewis or other Region 11 staff and during these informal discussions of TVA and NSRS activities NSRS reports would be requested. Mr. Whitt said the only "formal" interface between NSRS and Region II was NSRS' attendance at Region II enforcement conferences regarding TVA sites. Mr. Whitt said that Region II would request NSRS' presence at these conferences as an observer. This was ccnfirmed by Mr. Lewis and Mr. O'Reilly. Mr. O'Reilly said he had a high regard for NSRS and their presence at enforcement conferences was one way to assure that TVA's Board would be informed of major issues and NRC's position. Mr. Lewis explained that as Director, Division of Reactor Projects and Resident Programs, he was the focal point between the licensees and the Region-for issuing all inspection reports, receiving licensee reports, and contacting licensee management for enforcement conferences. He further explained that Region II's organization was set up to centralize NRC's overall project management under his division. This was done to preclude the licensee's perception that Region II was fragmented. It also avoided having different people asking or pursuing the same thing. Hcwever, this organizational arrangement dio not preclude one-on-one type interface between TVA and Regien II staff regarding a technical issue. Mr. Lewis said his emphasis was to ensure that issues dealing with management, licensing, enforcement, or reports, were handled through the Division of Reactor Projects and Resident Programs. Mr. Lewis said he typically tried to limit the receipt of any reports, procedures, etc., to himself or to a branch chief under him. The reason was to ensure proper dissemination of the report and coordination of review and follow-up inspection activities. Mr. Lewis said that on some occasions, Region II inspectors were directed to review a particular NSRS report at the site as part of a routine inspection, j rather than having the NSRS report sent to the Region. Regardng the NSRS reports, Mr. Lewit stated that he dealt mare with regulatory requirements and the broad aspects of prcject managerent. Whereas the regional specialist cealt more with the details of the NSRS report to determine whether the NSRS findings were valid and to assure that TVA was properly pursuing corrective action. 4 Mr. Lewis also informed us that Region 11 treated flSRS reports in the same ~ manner as INP0 reports, or any other organizaticnal entity that affected
- safety-related activities. Region II has an agreement with INP0 that 1
1
-, - -- r -- ---- - -__ ,-c,---
9 essentially provides that INP0 findings would not be used as a checklist by NRC when conducting inspections. The reason being is that it would affect INP0's ability to inspect a plant. Region II used a similar rationale regarding the NSRS reports. However, this would not preclude the Region from following up on significant findings that the Region felt were not being adequately or properly pursued by INPO or NSRS. HAVE YOU EVER REQUESTED / RECEIVED / READ ANY NSRS REPORTS PRIOR TO JANUARY 1, 1985? Responses Category of Employment Received Yes No, Maybe Current hRC , IE 35 5 26 4 NRR 59 9 47 3 Region II 164 21 120 23 Former NRC 36 3 23 10 Total 294 38 216 40 The purpose of this question was to try to identify the NRC individuals who had requested, received, or read NSRS reports; or believed they may have, but would need time to review their files to verify whether or not they had. We also asked each respondent who answered either "yes" or "maybe" to estimate the amount of time it would take to research their files to identify the NSRS reports they may have read. Our concern was to identify the impact this request for information may have had on the staff, particularly for Region II, before we asked the staff to undertake such research. As part of our approach to further identify NSRS reports that were read or received and by whom, we sent out 27 follow-up questionnaires to certain current NRC managers and resident inspectors who had previously indicated that they had or may have read or received NSRS reports. In addition, we were interested in what disposition was made of the NSRS reports they had read or received. We received 27 responses to the follow-up questionnaire. Those responses are included in our analysis under "Current NPC." The NRC respondents identified 15 NSRS reports they had received or had access to prior to January 1, 1985. Of the 15 reports, nine were not identified in NRC's interim response of June 4, 1986, to Congressman Dingell. These reports l are identified in Appendix VII. Current NRC Employees Of the 21 respondents from Headquarters who answered "yes" or "maybe" 12 said they had read the Thimble Tube report when it became public. Similarly, of the 44 Regien 11 respondents who answered "yes" or "maybe", nine said they had read the NSRS report on the Thimble Tube event after it becarre public. The NSRS report on the Thimble Tube event was idsntified in NRC's interim respense to Congressman Dingell, t
. - 10 In addition to the Thimble Tube report, Region II respondents identified 14 other NSRS reports that they had read prior to January 1, 1985. Included in this count are five NSRS reports identified by a former resident inspector who is presently occupying an NRC Headquarters position. The former Wsident inspector said he reviewed the NSRS reports as part of his routine inspection ,
t program and his reviews are documented in the various inspection reports he wrote. Three of the five NSRS reports were identified in NRC's interim response of June 6,1984 to Congressman Dingell. Another former resident inspector identified three NSRS reports that he had reviewed at a TVA site as part of his routine inspection. None of these reports were previously identified in NRC's interim response. Another NSRS report I-84-16-BFN, "NSRS Investigation of Concerns Related to Failures of the High Pressure Coolant Injection (HPCI) System at Browns Ferry Nuclear Plant," dated June 15, 1984, was identified by five respondents. One respondent stated that the NSRS report was reviewed after Region II became aware of NSRS' evaluation of HPCI problems at Browns Ferry. He further stated that a Region II inspection team was sent to the site October 10-12, 1984, to review HPCI operations. This NSRS report was also identified in the interim response. Another respondent said he read NSRS report I-83-28-BFN, entitled, "Excessive Water in Radwaste Shipment from Browns Ferry Nuclear Plant," dated Itarch 7, 1984 The respondent said the report was given to him by the licensee at the site during an inspection on March 26-30, 1984. The respondent stated that his review of the NSRS report is contained in NRC inspection report 50-259/260/296/84-12, dated May 2, 1984 Our review of the inspection report showed that it does clearly reference the NSRS report identified, and that Region II also cited the licensee a level IV violation as a result of Region II's further evaluation of the issue discussed in the NSRS report. This NSRS report was not identified in the interim response. Four respondents identified NSRS report I-82-26-SQN, "Investigation of Alleged i Improper Radiograph Techniques." This report was identified in NRC's interim response. One respondent said NRC followed up on the issue in a meeting with ! TVA on March 30, 1984. That follow-up was completed by Region II at Watts Bar during the period of August 13-24, 1986. Two other respondents identified three other NSRS reports which were not previously identified in NRC's interim response. A complete description of the reports identified through our questionnaire is provided in Appendix VII. The last of the respondents identifying specific reports stated that he participated in the formulation of the June 4,1986, interim response fren the Chaiman to Congressman Dingell. Therefore, the NSRS reports he remembers receiving / reading are identified in that response. Regarding the disposition of NSRS reports, the staff disposed of reports in one of three ways; (1) they were returned to TVA; (2) thrown away; or ; (3) maintained in resident inspectors' offices. I
11 Former NRC Employees As part of our survey, we sent questionnaires to all former NRC Region II employees who were employed by NRC after the inception of NSRS, but left NRC prior to the initiation of our audit and were in positions in which they reasonably could have come in contact with NSRS reports. Of the 55 we sent i questionnaires, 36 responded, of which 13 indicated that they had or may have r T received or read NSRS reports. Of the 13, only one respondent, who was a Senior manager prior to his leaving the Government in 1986, said he recalled NRC requesting a copy of the Thimble Tube report when it became public. He also identified three other NSRS reports that he believes he was aware of because the reports addressed specific areas that NRC was particularly interested in. The three reports he identified are: R-84-04-BFN, "Initial Assessment of the Browns Ferry Regulatory Performance Improvement Plan" C R-84-19-WBN, "NSRS Assessment of the Results of the Black and Yeatch Independent Design Review of the Watts Bar Nuclear Plant Activity Feedwater System" 1
- R-84-26-WBN, "Routine Review of NUC PR Response to NSRS Recomendations Identified in NSRS Report R-84-19-WBN, Assessment of the Results of the B&V Independent Design Review of the WBN Auxiliary Feedwater System" However, he also added that he personally never formally or informally requested any NSRS reports. These three reports are not included in Appendix VII because the individual claimed he did not request them nor did he know of anyone else who may have requested them.
Several respondents said it was routine practice as part of NRC's inspecticn process to review all information available at licensee facilities, which would have included NSRS reports. However, since none of the respondents had access to NRC records and files, they could not specifically identify any NSRS reports. Therefore, we did not follow up with these respondents to try to further identify the particular NSRS reports they may have read during their inspections.
- HAVE YOU EVER PROVIDED OR MADE AVAILABLE ANY NSRS REPORTS TO NRC PRIOR TO JANUARY 1, 19857 t
Responses Received Yes No Maybe l 4 l j Current and Former i 8 i i TVA 79 6 65 I I I Current and Former TVA Employees l Fourteen respondents indicated that they had or may have provided NSRS reports ! q to NRC staff prior to January 1. 1985. Of the six who answered yes, only two ; i specifically identified hSRS reports. One was the Thimble Tube report. The i i
- other report was a mini-management review on the Watts Bar QA program l
12-(R-81-28-WBN), which, according to the respondent, was submitted to NRC on February 1, 1982, as a formal licensing submittal. One of the eight respondents who se.id he may have provided reports to NRC was the fortner Director, NSRS, who provided lengthy and detailed comments to our questionnaire. His response is provided in its entirety as Appendix VI. None ' of the other seven respondents who indicated they may have provided or made available NSRS reports, have any records indicating that they did provide an NSRS report to NRC. INTERVIEWS WITH FORMER SENIOR OFFICIALS During our interviews with Mr. Whitt, Mr. Lewis, and Mr. O'Reilly we asked each of them to review a listing of NSRS reports issued between October 1979 and August 1985, to identify which reports they remember having requested / received / read. Mr. Whitt identified 17 reports that he believes he sent to Region II upon request. Mr. Lewis acknowledged receiving two of the 17, and indicated that he may have received or read the other 15 reports. Mr. Lewis identified three other reports he received, which were not identified by Mr. Whitt. Mr. O'Reilly said he could only positively identify three of the 20 reports, but explained that because of his position as Regional Administrator, he saw many reports and remembers certain subjects, but could not be certain whether his knowledge came from an NSRS report, an NRC inspection report, or a briefing by Mr. Lewis on the particular issue. However, he did state that Mr. Lewis's recollection was probably correct because he was the Region II official who would have initicily received the reports. Based on their review of the listing of NSRS reports, Mr.,Whitt, Mr. Lewis, and Mr. O'Reilly, identified 20 NSRS reports received or reviewed by NRC prior to January 1, 1985. Five of the 20 reports were previously identified in NRC's June 4, 198C interim response. A complete listing of the 20 reports is included as Appendix VII.
SUMMARY
OF NSRS rep 0RTS RECEIVED / READ BY NRC EMPLOYEES Between October 1979 and January 1, 1985. NSRS issued 134 reports. Our review found that Region II personnel had access to 29 NSRS reports prior to i January 1, 1985 (See Appendix VII). Six of these were previously identified in the Chairman's interim response of June 4, 1986. The remaining 23 reports were identified through our questionnaires and interviews. Of these 23, fourteen were identified in our interviews with Mr. Whitt, Mr. Lewis, and Mr. O'Reilly; eight were identified in the responses to cur questionnaire, and one was identified in both the interviews and questionnaire. CONCLUSION Based on our interviews, and our review of the responses to our questionnaires, it appears that prior January 1, 1985, NRC and TVA did not ) b d 1 _ _ _ _ _ . . _ _ _ . .
33 have formal or infonnai arrangements under which NSRS reports were provided to NRC on a routine basis without an HRC request. However, NRC Region II ' management was aware of NSRS and the nature of its organization and objectives. There apparently did exist an open and informal line of comunications wherein NRC could and did avail itself to of NSRS reports. 1 P 1 1 2 6 i i I e i ! I
APPEHOIx i q.
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,g .M.- ' ~~ " h" ,,,, h k 31.6. $0ust of Representat(bts g fg* y 7 g g sukammutre n a sk ant 3nhasugarians 02C ' cammina a canar aan Camarne '
Wastington, BC 20515 i March 19,1986
'the Honorable Nunzio Palladino Chairman Nuclear Regulatory Commission Washington, D. C. 20555 Dear Mr. Chairmant Pursuant to Rules X and XI of the Rules of the U.S. House of Repr esentatives, the Subcommittee on Oversight and Investigations is conducting a legislative oversight inquiry into certain .
matters involving your Agency and the Tennessee Valley Authority (TV A) . In accordance with that inquiry, please provide the Subcommittee with the f ollowing inf ormation concerning reports prepared by the TVA's Nuclear Saf ety Review Staff (MSR3):
'- A list of s.11 NSR3 reports received by NRC staff prior J,,/ to7Enuary 1,1985, and the dates on which such reports were received.
A description of the processes or arrangments by which WA provided NSR5 reports to the NRC prior to January 1,1985. , A listing of 'NA employees who, prior to January 1, llen, transmitted NSRS repcrts to the NRC. A lieting of MRC principal recipients of NSRS reports an N or NRC etaff who received such reports froa principal recipients. A description of the ultimate disposition of NSR3 regiores r~eceived by the NRC prior to January 1,1985 and the action taken thereon. A listing of NRC memoranda or meetings which address NS'FTiports (or substance contained therein) received prior to January 1,1985. 4
The Honorable' Nunzio Palladino March 19,1986 Page 2 . 1 In order to ubtain this information, we suggest that ou begin by requesting the inf ormation specified above f rom a 1 current or f ormer NRC employees, who at one time during the period January 1,1980 through January 1,1985 were based in Region II at the Project Branch Chief level or above. Such (
/
inf ormation should be provided by sworn affidavit. Any such employee who does not possess inf ormation of this kind should be requested to so state also under oath. In addition, past and present senior NSRS of ficials (including directors, deputy directors and their principal assistants) should be interviewed under oath for the purposes of determining their knowledge of the history of providing NRC I staf f, by formal or inf ormal means of transmittal, copies of N5R3 reports in the period January 1,1980 through January 1,1985. Please provide this inf ormation to the Subcommittee prior to Monday, March 31, 1986. Si etely, f f2$ John D hgell Chai rman l l Subcommittee on ' Oversight and Investigations JDD PSdb l O l
- l
p APPENDIX II , .f N c %.,)
. UNITED STATES i .- i NUCLE AR REGUL ATORY COMMISSION i
- l W A$MINGTON O C. 20555
\ :
June 4, 1986
, CHAlmWAN ibs 'enceable Jern Dingell. Chairman Subcommittee on Oversight and Investigations Committee on Energy and Commerce United States House of Representatives hashington, D. C. 2 0 S *. S ,
Dear Mr. Chairman:
This is an interim response to your letter dated March 19, 1926 which requested specific information from tnis agency c ncernir; ' reports prepared by the Tenressee Valley Authority's (TVA) Nuclear Safety Review Sta'f (NSRS). You suggested that we obtain information from current and former NRC Region Il personnel and senior NSR$ officials, and that we obtain this information under oath. This response provides the info *mation received to date from interviews of currently employed NRC headquarters and regional personnel. As a first step in being responsive to your request, inquiries were made of current NRC employees who were assigned to our Region !! office during the period January 1, 1980 to January 1, 1985, and who held the resition of Branch Chief or above. These
' individuals are identified in Enclosure 1. Additionally, other NRC employees in the Offices of Nuclear Reactor Regulation and Inspection and Enforcement, who possibly could have received NSDS reports, were also surveyed.
Enclosure 2 contains a summary of the responses received from the inquiries to date and specifies the NSRS reports which the persons interviewed identified as having been received during the period January 1, 1980 to January 1, 1985. The list of NSRS reports identified in response to Question 1 is the most co plete
~ list we have been able to assemble based on interviews with current NRC employees and a document search of related material.
Please note that some specifics have been omitted so as to protect the confidentiality of allegers. We have not interviewed present and past TVA employees or
'former NRC employees in this matter. However, the NRC Office of Inspector and Auditor (OIA) has been requested to obtain information from present and past NRC and NSRS employees which is relevant and necessary for a complete understanding ,
of our relationship with NSRS. Enclosure 3 is a listing of former NRC employees who will be interviewed. The O!A will confirm the interviews of present NRC employees, which were s
z- e y - 3-w not coniucted under oath. It is espected that a. n v e r a l en i n t n ., will be required to corp 1nte this effort ba#,ed on th* p e r *,1: n '.1 f estimated scope of work, and other IVA mat *ers o n dt* r revi t, f O!A. With r0ga"d to your suqgestion t i' a t the r . * , p r, n
- o *, b .* .
*ai.. .. r. c . r oath, to the extent practical in f 0e ra tion wil' h .. takne . : r , . . ,, ,
oath or by sworn affidavit. Sincerz!,,. brigital staned by Punsio J. Palladino Nunzio J. Palladino
- Chairman Enclosures.
- 1. Present tiRC Pegion II Personnel Serving as Branch Chief or Atev-(1980-1985)
- 2. Resconse to Inquiry
- 3. Former NRC Region !! Personnel Serving as Branch Chief or Above (1980-1985) cc w/ enclosures:
Rep. James W. Broyhill C1 cared with Comissioners' Offices by C/R. Reft CR-86-48 i l l
._ J l
Originating Office: EDO/TVA:OG l cence> C/R OCA OCM OCM OCH ,
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ous) 5../.28/.8.6..... ......d............... ec c:=2.snosei c o *o OFFICIAL RECORD COPY
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8 I ! l 4 E N C t.0 5 U R E 1 f , 1 4 r i NRC Recien !! Personnel Serving As i l Branch Chief Or Above, Still in-NRC t (1980-1985) , i ! ! 1 Barr, K. !
- Brownlee, y, l 4 . ;
Collins, D. 1 i Dance, H. 4 Gibson, A. , f
- Herdt, A. !
9
^
t.ong, F. (Recently Retired) f I Martin, R.* 3 1 Olshinski, J. ] l Stohr. J. ! ! '/errelli, O. ! ! i l Walker, R. t ! i t I f i , 2
- l l
l i i 1 1 i l T'fontactei Ey Senior Region !! management; results are included } in response contained in Enclosure 2. , 1 1 ) 1 I i f ll 4 I 1 i
c _ _': _C __l _o_ s _tl _R E _ _.' E!sPgNS{_lg_lNggig!
- ;ugslign_1 Provide a list of all MSES reports raceived tj fJC ita(' prire to 2
o' a n u a r y 1, 1925, and the dates on which such report; were received.
$DShif j Since there is no regulatory requirement for the submittel of TV4 NSRS reports, the NRC has no spect'ic procedure fer dockdting or fornally listing information'whien may have teen reviewec by NDC inspectors or other staff members when visitiro licensee facilities. Accordingly, such a listing cf reports reviewed and dates. received / reviewed is not available. However, from our staff incuiries, we have identified the following NSRS reports that were received prior to January 1, 1985. -- I-82-26-SQN, ";nvestigatien of Alleged improper Radiography Practices " dated December 17, 1982. This report was received December 28, 1983. The issue was brcught to the attention of NRC Region il by TVA which subsequently provided a copy of the NSRS report to Region 11 for review. -- 1-84-12-SQN, "investigation of Unit ; Incere Instrumentation Thimble Tube Ejection Accident on April 19, 1984", dated August 1, 1984 This report was received on August 23, 1984 The report was reouested by Region !! nanagement after media interest occurred. -- P-81-28-WBN, "Mini-Management Review of Watts Bar Nuclear Plant", submitted by TVA 'etter, Mills to O'Reilly, dated February 1, 1982, in response to Inspection Report 50-390/81-14, 50-391/61-14 This report was provided in response to a Region ;' request for independent review of the QA Progran at. Watts Bar. -- 1-84-16-BNF, "NSRS Investigatien of Concerns related to Failures of the High Pressure Coolant Injection (HPCI)
System at Browns Ferry Nuclear Plant", dated June 27, 1984 This report was received on September 24, 1984 The report was provided to the NRC after necia interest occurred.
-- R-83-16-NPS, "Review of TVA's Nuclear Security Program", and R-81-13-NPS, "NSRS Special Review of TVA's Nuclear Security Progran". These reports related to the TVA Nuclear Security Program and were reviewed by the NRC staff on or about October 17-21, 1983, during a routine inspection.
~
Three reports related to Quality assurance and construction activities were received, from ' confidential sources. Therefore, report numbers are not identified since they might ccmpromise confident ali ty.- It is possible that additional reports were received and/or reviewed as part of regular inspections in accordance with established inspector guidance or by the NRR Project Managers conducting routine licensing reviews on their assigned facilities. However, the above, reports are the only ones specifically identified during the' staff interviews and document search per~ formed during the preparation of this response, gggstign_2 i Provi'de a description of the processes or arrangements by which TVA provided NSRS reports to the NRC prior to January 1, 1985. Aggggt Based on'.nterviews with current NRC erployees, to the best of their knowled 21, 1985 (see letter H. Denton to J. Willis)ge,theprior tosAugust re wa no f o rn.nl requirement or request by the NRC for TVA to provide copies of NSRS reports. However, unique situatior,s such as allegation follow up activities and media interest did present themselves, and the staff requested specific reports in response to these situations as discussed in the response to Question 1. Questi_on_3 Provide a listing of TVA employees who, prior to January 1, 1985, transmitted NSRS reports to the NRC. Answer I-82-26-SQN was provided by L. Mills, 1-84-12-SON was provided by K. Whitt. R-81-28-WBN was provided by L. Mills. I-84-16-BFN was provided by K. Whitt. R-83-16-NPS and R-81-13-NPS were provided by TVA employees'during a routine inspection. The other three reports were received from confidential sources. . l l I Question _4 Provide a listing of NRC principal recipients of NSRS reports and other NRC staff who received such reports from principal j recipients. ! I l
3nsygg Generally, any incoming correspondence would be addressed to the Region II office in c.are of the Regional Administrator. Macy reviews of NSPS reports were conducted, on-site, by Residart or Regional-based became aware of inspectors in their specialty area (s) when they such reports. In addition, copies of other reports may have been received from time to time by the NRR project managers on their assigned facilities. In the case of NSPS Report No. 1-04-12-SON, the report was widely distributed *o . the NRR staff as an example of an unusual reactor coolant system problem. ' Oggstigg_5 A description of the ultimate disposition of NSRS reports receiv'ed by the NRC prior to January 1, 1985 and the action taken thereon. Agsygg The dispo.sition of h45RS reports was as follows: (1) For those reports reviewed during routine inspections, they were returned to TVA as cf the completion of the inspection. (2) The nine reports listed in Answer 1 were retained in docket or allegation ffles at the Region !! office or returned to the licensee, with the following exceptions: (a) Report I-84-12-SON was forwarded to Headquarters due to news media interest. The report was subsequently distributed within NRR as an example of an unusual reactor coolant system problem. The report was docketed as an attachment to an inspection report. (b) Working copies of Report R-81-28-WBN were destroyed when the NRC review of TVA corrective actions was completed. A copy of the report remains in the NRC document control system. (c) Report I-84-16-BFN became the subject of an April 26, 1985 letter from M. Udall to N. Palladino. The staff responded to the letter on July 10, 1985. (d) Reports R-83-16-NPS, August 17, 1983 and R-81-13-NPS, September 4, 1981 were reviewed at TVA facilities during an inspection. Based on the limited resources
- l a
available for this document search, the staff cannot firmly establish whether or not the documents were ever destroyed.in the regional files or subsequently retained Actions taken by the NRC staf f are documented in meeting summaries, internal NRC memoranda, or inspection reports as appropriate. These are itemized in. response to Question 6. SESE11S" b . i A (orlisting of NRC memoranda or meetings which address NSPS reports substance contained therein) received prior to Janua'ry 1, 1985. SESM1E 1-82-26-SQN The following memoranda address radiography concerns and relate to the substance c.ontained in the referenced NSRS report: Memo: Todd to Lewis, June 3, 1983 Memo: Uryc to Fredrickson,. December 29, 1983 Memo: Uryc to Julian/Fredrickson, December 29, 1983 Memo: Blake to Uryc, February 23, 1984 Memo: Uryc to Lewis, February 27, 1984 Memo to Files, March 30, 1984 (TVA/NRC meeting) Memo: York to Uryc, November 5, 1984 I-84-12-SQN The following reports, memoranda and meeting relate to the l thimble tube ejection issues identified in the referenced NSRS report: Inspection October 1, Report 50-327/85-27 and 50-328/85-28, 1985 Memo: 0'Reilly to Vorse, October 9, 1984 Inspection Report 50-327/84-24, May 7, 1985 Inspection Report 50-327/84-12 and 50-328/84-12, May 29, 1984 Inspection Report 50-327/84-11 and 50-328/84-11, June 14, 1984 Significant Meeting to discuss seal table event, September 25, 1984 Enforcement Letter, May 7, 1985
R-81-28-WBN The following report and meeting relate to the mini management review of Watts Bar identified in the referenced r e p o r t. . Inspection Report 50-390/81-14 and 50-391/81-14, November 5, 1981 Managerent Conference to discuss results of NSRS review of the Office of Engineering design controls (December 15, 1981) I-84-16-BFN The following identified report in the relates toreport: referenced the HPC[ system at Browns Ferry 4nspection Report 50-259/84-41, 50-260/84-41, and 50-296/84-41, November 6, 1984 NSRS Reports R, elated to Quality Assurance and Construction Activities: The following memoranda address quality assurance and cons;rtction reports: activities concerns contair.ed in the referenced NSRS Inspection Report 50-327/84-33 and 50-328/84-33, December 13, 1984 Memo: Gibbons to Uryc, December 13, 1984 Memo: Lankford to Herdt, March 7, 1984 Meme to Files, March 21, 1984 Memo: Lankford to Verrelli, March 27, 1984 Memo: Uryc to Herdt, September 19, 1984 Memo: Vorse to Alderson, February 1, 1983 Memo: Todd to Ford, June 3, 1983 Memo: Todd to Ford, July 25, 1983 Memo: Ford to Uryc, December 23, 1983 Inspection Report 50-390/84-07, 50-391/84-07, 50-438/84-02, and 50-439/84-02, March 12, 1984 R-81-13-NPS R-83-16-NPS The following report relates in part to the TVA nuclear security program issues identified in the referenced NSRS reports: Meeting to discuss EA-83-69, July 20, 1983 Inspection Report 50-327/83-24, 50-328/83-24, 50-259/83-45, 50-260/83-45, and 50-296/83-45, November 30, 1983 x t_
EE$hSSSEE_2. Former NRC Region 'l Personnel Serving As Branch Chief, or Above - (1980-1985) Alderson, C, Bemis, P. Kellog, P, Kenna, W. Lewis, R. Murphy, C. O'Reilly, J. Puckett, M. l Sutherland, J. I 1 l
)
I 1 l l l
APPENDIX III July 17. 1986
.G.
MEMORANDUM FOR: Chairman Zech Commissioner Roberts Comissioner Asselstine Comissioner Bernthal FROM: Sharon R. Connelly, Director Office of Inspector and Auditor
SUBJECT:
OIA INQUIRY INTO THE DISTRIBUTION AND/0R RECEIPT OF TVA's NUCLEAR SAFETY REVIEW STAFF (NSRS) REPORTS In a lettar dated March 19, 1986, Congressman Dingell requested Chairman Palladino to provide the Subcommittee certain information regarding reports prepared by TVA's Nuclear Safety Review Staff (NSRS). Congressman Dingell's concerns regarded NRC's receipt and/or access to NSRS reports, :he disposition,of the reports, and the NRC and TVA employees involved. By memorandum dated June 4,1986, Chairman Palladino requested the Office of Inspector and Auditor (0IA) to complete the work necessary to respond to Congressman Dingell's letter of March 19, 1986. This' memorandum is to inform you of our plans and schedule for completing that work. We have recently obtained information regarding the work that was done by the staff for the interim response sent to Congressman Dingell by memorandum dated June 4, 1986. In order to expedite our work and to provide you with a report on our findings, we will survey by questionnaire toth current and forrer Region II personnel. Our survey will be addressec to personnel in Region II who we believe may have had an opportunity to have come in contact with NSRS reports, regardless of the position they held in the regional office. The l survey will also include the Region Il personnel listed in enclosures 1 and 3 to the Chairman's letter of June 4,1986, to Congressman Dingell. We will also survey by questionnaire current and former NSRS personnel and other TVA officials who we believe may have routinely interfaced with Region II personnel. Our questionnaires will be designed to solicit responses to the concerns l Congressman Dingell identified in his March 19, 1986, letter. In addition, l each respondent will be requested to sign.the questionnaire attesting to the accuracy of the information provided. We estimate that our field work and report to you should be completed by i October 10, 1986. This estimate is based on the assumptions that the l
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"~4 ................... ..................... ..................... ..................... .. ......... ... .... ... .... ........... .............. .. sm) .................. ..................... ..................... .................... ..................... ................... ................. \ ce ronu n no somacu es o OFFICIAL RECORD COPW
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'n some instances, it may be necessary to conduct personal interview; to obtain information and/or further clarification of information provided in th.
questionnaire responses. However, we will keep you infomed of any schedule changes as they develop. If you have questions or comments regarding cur approach or the schedule, we will be happy to meet with you. Original signed by Sharon R. O t Sharon R. Connelly, Director Office of inspector and Auditor Distribution TVA Subject (Jff)$ dAjcI(,j[-
,VA i Reading OlA Readino l
l l ZECH/NSRS HARRY
/ 'o. UNITED STATES
[ , ",
.J' 7i / E NUCLEAR REGULATORY COMMISSION W ASHINGTON, D. C. 20555 tI ,:I s, v ,
August 12, 1986 MEMORANDUM FOR: NRC Personnel , I FROM: Sharon R. Ccnnelly, Director Office of Inspector and Auditor
SUBJECT:
01A's INQUIRY INTO THE DISTRIBUTION AND/OR RECEIPT 0F TVA'S NUCLEAR SAFETY REVIEW STAFF (NSRS) REPORTS In a letter dated March 19, 1986, Congressman John Dingell requested Chaiman Palladino to obtain under oath or by sworn affidavit certain infomation regarding the NRC staff's receipt of or access to reports prepared by the TVA's Nuclear Safety Review Staff (NSRS). The Office of Inspector and Auditor (0IA) was subsequently requested by Chairman Paliadino to obtain infomation concerning arrangements which may have been made for NRC's receipt of or access to reports prepared by NSRS. 01A understands that there may have been formal and informal arrangements for NRC to review or have access to NSRS reports and that on occasions Region !! personnel received NSRS reports and/or had access to NSRS reports at TVA Headquarters offices or reactor sites. We are only interested in arrangements entered into prior to January 1, 1985. In order to assist us in our inquiry, we have prepared the attached question-naire that you are requested to complete. The purpose of this questionnaire is to ascertain the number of employees who had or may have had access to NSRS reports and the estimated time it would take those employees to review their i records to obtain certain facts regarding the NSRS reports. We are not requesting that a detailed search of records be conducted at this time for the purpose of this questionnaire. Therefore, for those individuals who know they 1 have requested / received / read NSRS report (s) or need more time to make such a 4 detemination, we will follow up with another questionnaire that addresses the l specific concerns of Congressman Dingell. The follow-up cuestionnaire will l l l
I require you to provide information regarding, but not limited to, the identi-fication of NSRS reports, regulatory issues identified in the reports, resolu-
-tion of issues, and disposition of the report (s). 'ne have attached a list of NSRS reports which may assist you in recalling whether you requested / received / read any of the NSRS reports prior to January 1, 1985.
YOUR RESPONSE IS REQUESTED NO LATER THAN FIVE DAYS FRO . MEMORANDUM. If you have any questions regarding the information requested, please contact Richard Donovan of my staff on (FTS) 492-4458. ( k k l.f h h s l.b
- J/+. -
Sharon R. Connelly, Director Office of Inspector and Auditor
Attachment:
Questionnaire j
. _ . . . '"'Y-"~ -P.m+e. _
.0IA INQUIRY INTO THE O!STRIBUTION AND/0R~RECE!PT OF TVA'S NUCLEAR SAFETY REVIEW STAFF (NSRS) REPORTS ,
- 1. Name:
- 2. Curren: Position:
~
- 3. .Are ycu aware of any formal arrangements by which NSRS reports were provided to, requested by, or received b'y NRC before January 1, 1985?
Yes No Please describe those arrangements.
'4 . Are you aware of any informal arrangements by which NSRS reports were provided to, requested by, or received by NRC-before January 1, 1985?
Yes no Please describe those arrangements.
- 5. Have you ever requested / received / read any NSRS repcrts prior to January 1, 19857 Yes l
No i I may have requested /receiveo/ read NS*d$ reports,.but I will have to review my records in order to determine whether I have or have not; and/or to identify the particu'.ar NSRS reports that I may have requested /receiveo/ read.
- 6. If you answered M to quest on 5, please read, sign, and date the certi-i fication at the eno of this questiennaire, if you answered Yes or indict.ted that jou tray have, but need tire to eview your iecoFds, go tc cuestier ', then please rend, sign and date the certification at *.Fc end cf :his cuestionnaire.
)
7. Pledse estimate the number of (1) manhours whether youyou have believe it would req you to review your records to determine: requested / received / read any NSRS reports; (2) which specific re received or read; (3) how you obtained the report (s);in (4) identified the~source fro which the report (s) was obtained; (S) regulatory issues (7) report (s); (6) NRC's resolution of any regulatory Estimated manhours _. issues; and disposition of the report (s). IS WE ARE NOT ASKING YOU TO MAKE A DETAILED YOU MAY BE SENT A SECOND OVEST10NNAIRE AT TIME. I CERTIF.Y UNDER PENALTY OF PERJURY THAT Date: Signature: __ Name (print or type): Address: Zip: _ City, State: Telephone: Home ( ) Work ( )
s a neau n .' s - = * . , f. . o,, UNITED STATES l 3., g NUCLEAR REGULATORY COMMISSION
.' W ASHINGTON. D. C. 20555 (s s, ,f September 24, 1986 Former NRC Personnel
SUBJECT:
OFFICE OF INSPECTOR AND AUDITOR'S INQUIRY INTO THE OISTRIBUTION AND/0R RECE!PT OF TVA'S NUCLEAR SAFETY REVIEW STAFF REPORTS In a letter dated March 19, 1986, Congressman John Dingell requested former NRC Chairman Palladino to obtain under oath or by sworn affidavit certain information regarding the NRC staff's receipt of or access to reports prepared by the TVA's Nuclear Safety Review Staff (NSRS). The Office of Inspector and Auditor (0IA) was subsequently requested by Chairman Palladino to obtain information concerning arrangements which may have been made for NRC's receipt of or access to reports prepared by NSRS. OIA understands that there may have been formal and informal arrangements for NRC to review or have access to NSRS reports and that on occasions Region II personnel received NSRS reports and/or had access to NSRS reports at TVA Headquarters offices or reactor sites. We are only interested in arrangements which existed prior to January 1, 1985. In order to assist us in our inquiry, we have prepared the enclosed question-naire that you are requested to complete. The purpose of this questionnaire is to ascertain the number of former employees who had or may have had access to NSRS reports. For those individuals who indicate that they know they have requested / received / read NSRS report (s), we may follow up with another questionnaire that addresses the specific concerns of Congressman Dingeli. The follow-up questionnaire will ask you to provide information regarding, but not limited to, the identification of NSRS reports, regulatory issues . identified in the reports, resolution of issues, and disposition of the report (s). l l l i l l
We have enclosed a list of NSRS reports whicn may assist you in recalling
~
whether you requested / received / read any of the NSP.S reports prior to January 1, 1985. We would greatly appreciate your inmediate response to and return'of this questionnaire in the enclosed envelope. If you have any questions regarding the information requested, please contact Richard Donovan of my staff on our toll free numbers (in Maryland 1-800-368-5642, extension 2-4458 or outside~ Maryland 1-800-426-8096, extension 2-4458). Sincerely,
, / w ee s. /S'f+s.v.b, s
Sharon R. Connelly, Director Office of Inspector and Auditor ,
Enclosure:
i Questionnaire !
O o OIA INQUIRY INTO THE DISTRIBUTION AND/OR RECEIPT OF TVA'S NUCLEAR SAFETY REVIEW STAFF (NSRS) REPORTS
- 1. Nan:e:
- 2. Position held before leaving NRC:
- 3. Are you aware of any formal arrangements by which NSRS reports were provided to, requested by, or received by NRC before January 1, 1985?
Yes No Please describe those arrangements.
- 4. Are you aware of any informal arrangements by which NSRS reports were provided to, requested by, or received by NRC before January 1, 19857 Yes No Please describe those arrangements.
- 5. Have you ever requested / received / read any NSRS reports prior to Janua y 1, 19857 yes no I may have requested / received / read NSRS reports, but I would have to review NRC records in order to determine whether I have or have not; and/or to identify the particular NSRS reports that I may have requested / received / read.
I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGO:NG IS TRUE AND CO Signature: Date: Name (print): ___ Address: Zip: City, State: Telephone: Home ( ) Work ( ) J
Approved by:
/ % <c ct4B Ib. 3150-0137 <
8 .., NUCLEAR RE U ' ORY COMMISSION $- .'.j WASHINGTON. O C. 20555 E
% . . ,', . # october 7, 1986 Current and Former TVA Personnel S'JBJECT: U.S. NUCLEAR REGULATORY COMMISSION INQUIRY INTO THE DISTRIBUTION AND/0R RECEIPT OF TVA'S NUCLEAR SAFETY REVIEW STAFF (NSRS) REPORTS Congressman John Dingell has requested the Chairman of the U.S. Nuclear Regulatory Commission (NRC) to obtain under oath or by sworn affidavit certain information regarding the NRC staff's receipt of or access to reports prepared by the TVA's Nuclear Safety Review Staff (NSRS). The Office of Inspector and Auditor (0IA) was subsequently requested by the Chairman, NRC, to obtain information concerning arrangements which may have been made for NRC's receipt of or access to reports prepared by NSRS. OIA is NRC's internal audit and investigative organization equivalent to TVA's Inspector General. 0IA understands that there may have been formal and informal arrangements for NRC to review or have access to NSRS reports and that on occasions NRC Region Il personnel received NSRS reports and/or had access to NSRS reports at TVA Headquarters offices or reactor sites. We are only interested in arrangements entered into prior to January 1, 1985.
In order to assist us in our inquiry, we have prepared the attached questionnaire that you are requested to complete. The purpose of this questionnaire is to ascertain the number of employees who may have provided and/or made available NSRS reports to NRC and the estimated time it may take you to review your records to verify certain facts regarding the NSRS reports. We are not requesting that a detailed search of records be conducted at this time for the purpose of this questionnaire. Therefore, for those individuals who know they have provided NSRS report (s) to NRC or need more time to make such a determination, we will follow up with another questionnaire that = addresses the specific concerns of Congressman Dingell. The follow-up questionnaire will require you to provide information regarding, but not limited to, the identification of NSRS reports provided to NRC, regulatory issues identified in the reports, resolution of issues, and the NRC staff to whom NSRS reports were provided and/or made available. We have attached a list of NSRS reports which may assist you in recalling whether you provided or made any of the NSRS reports available to NRC prior to ' January 1, 1985. We would greatly appreciate your imediate response to and return of this questionnaire in the enclosed envelope. If you have any questions regarding
this questionnaire, please contact Richard Donovan of my staff on (FTS) 492-4458 or call our toll free numbers (in Maryland 1-800-368-5642, extension 2-4458 or outside of Maryland 1-800-426-8096, extension 2-4458). h k. mf Sharon R. Connelly, Director Office of Inspector and Auditor
Attachment:
Questionnaire h e l l i l l I 5
NRC INQUIRY INTO THE DISTRIBUTION AND/0R RECEIPT OF TVA'S NUCLEAR SAFETY REVIEW STAFF (NSRS) REPORTS
- 1. Name:
- 2. Current Position at TVA or Position Held Before Leaving TVA:
! 3. Are you aware of any formal arrangements by which NSRS reports were ! provided to, requested by, or received by NRC before January 1,1985? l Yes No l l Please describe those arrangements. 4 Are you aware of any informal arrangements by which NSRS reports were provided to, requested by, or received by NRC before January 1,1985? Yes No Please describe those arrangements.
- 5. Have you ever provided or made available any NSRS report (s) to NRC staff prior to January 1, 1985?
Yes i No I may have provided or made available NSRS reports to NRC staff, but I will have to review my records in order to determine whether . l I have or have not; and/or to identify the particular NSRS reports that I may have provided or made available.
- 6. If you answered No to question 5, please read, sign, and date the certi-fication at the end of this questionnaire.
a If you answered Yes or indicated that you may have, but need time to review your records, go to question 7, then please read, sign and date the certification' at the end of this questionnaire.
- 7. Please estimate the number of _ manhours you believe it would require for you to review your records to determine whether you have provided or made availble any NSRS reports to the NRC staff and/or to identify which specific reports you are familiar with. In considering the estinated amount of time, we are interested in (1) identifying the specific NSRS report (s); (2) method by which provided; (3) person (s) to whom you provided the report (s); (4) regulatory -issues identified in the report (s); and (5) the resolution of any regulatory issues by TVA.
Estimated manhours . WE ARE NOT ASKING YOU TO MAKE A DETAILED REVIEW 0F YOUR RECORDS AT THIS-TIME. YOU MAY BE SENT A SECOND QUESTIONNAIRE AT A LATER DATE. I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREG0ING IS TRUE AND CORRECT. Signature: Date: Name (print or type): Address: City, State: Zip: Telephone: Home ) Work ) l
APPENDIX V
.[j . cg'o,, =
UNITED STATES
-l +'h . . , '. ;E NUCLEAR REGULATORY COMMISSION WASHING TON, D. C. 205S5
- t. '
/ Approved by: %, ,***,/ November 12, 1986 OMB No. 3150-0137-Expires 10/30/87 MEMORANDUM FOR: Current and Former NRC Personnel FROM: Shar'on R. Connelly, Director Office of Inspector and Auditor
SUBJECT:
OIA FOLLOWUP QUESTIONNAIRE CONCERNING NRC STAFF ACCESS TO NSRS REPORTS Inmid-AugustyoureceivedaquestionnairefromtheOfficeofI$spectorand Auc'itor asking for certain infs, . :r. cbcut ycar knowledge of and/or access ' to TVA's NSRS reports issued prior to January 1, 1985. Your response stated that you have or may have information regarding NRC's access to or receipt of NSRS reports, but that you would require additional time to review your records. As we indicated in the previous questionnaire, we would be sending you a second questionnaire asking for specific information. Attached is the ' follow-up questionnaire. Also attached is a list of NSRS reports which may assist you in recalling the reports you may have requested, received, or read. In addition, for your convenience we have included a copy of your response to our initial questionnaire. We would greatly appreciate your immediate response to and return of this questionnaire in the enclosed envelope. If you have any questions regarding this questionnaire, please contact Richard Donovan of my staff on (FTS) 492-4458 or call our toll free numbers (in Maryland 1-800-368-5642, extension 2-4458 or outside of Maryland 1-800-426-8096, extension 2-4458).. V, k :n E. e c) . . (W ; Sharon R. Connelly, Director j OfficeofInspectorandAuditof Attachments: ! As Stated t I 5
OIA INQlJIRY INTO THE DISTRIBUTION AN0/0R RECEIPT OF TVA'S NUCLEAR SAFETY REVIEW STAFF (NSRS) REPORTS
- 1. Name:
2, Current Position or Position Prior to Leaving:
- 3. Position (s) Held During 1/1/80 - 1/1/85:
(a) (b) (c)
- 4. Did any of the position (s) you held include responsibility for inspection activities for operating reactors and/or reactors under construction at TVA? Yes No i
Please describe.
- 5. Have you ever requested / received / read any NSRS reports?
Yes No Don't recall
- 6. Please identify the report (s) by number, if possible, from the attached listing, who gave the report or the means by which you obtained the l l
report, and the reasons for your interest in each report. ! Approximate If not received but l Received Date given access j Report No. From Received Read (Date & Place) l 1 Reason for interest: 1 1
2 o
- 7. Were there any regulatory issues in the NSRS report (s) you read?
Yes No Don't recall ' Please describe the regulatory issue (s) and identify the NSRS report (s)
~
8. in which the issue (s) was identified? .,
- 9. Did NRC follow-up on the issue? Yes No How was it resolved? -
i r
- 10. Did you report the issue to your management? Yes No How was this information reported and to whom was it reported?
t
- 11. What physical disposition was made of each report you had?
- 12. Other comments / remarks:
I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREG0ING IS TRUE AND CORRECT. Signature: Date: Name (print or type): rr
APPENDIX VI "Response of Former Director, NSRS" NRC INQUIRY INTO THE DISTRIBUTION AND/0R RECEIPT OF TVA'S huCLEAR SAFETY REVIEW STAFF (NSRS) REPORTS Are you aware of any formal arrangements by which NSRS reports were provided to, requested by, or received by NRC before January 1, 1985? Yes. Please describe those arrangements. Prior to January 1,1985, there were two formal arrangements by which NSRS reports were provided to NRC.
- 1. When NRC was aware of, or desired an hSRS report for official purposes, the report was requested through the licensing group in Chattancega (at the time run by Larry Mills). In these cases, NSRS provideo the report to Mr. Mills and he sent the report to NRC through official channels.
- 2. In the summer of 1984, NSRS issued a report dealing with the thimble tube ejection accident at Sequoyah Plant. The report was some how provided to the press. After the report was provided to the press, a formal
' arrangement was made by NSRS that when reports were issued, a copy would be provided to the TVA Information Office. It was my understanding that l any time TVA provided a report to the press (via Information Office) the report would automatically be provided to the NRC. Are you aware of any informal arrangements by which NSRS reports were provided to, requested by, or received by NRC before January 1, 1985? I Yes Please describe those arrangements. On a number of occasions NSRS reports were informally provided to hRC prior to January 1, 1985. The reports were provided for the folicwing reasons and under the following circunstances. l l l
2
- 1. In late 1980 or early 1981, Mr. Willis (the TVA General Manager) indicated to me that Mr. O'Reilly (the Regional NRC Director) was not convinced that NSRS was doing much of anything. I told Willis that was primarily since he didn't know what we were involved with. I recall going to Atlanta and sitting down with 0'Reilly and providing him with a sumary of what the NSRS program was and I'm sure I carried a few reports with me to indicate the scope and depth of our reports. I believe I did this on later occasions to keep 0'Reilly aware of our activities. When reports were provided to the Region, it was primarily to indicate the scope and depth of the overall program - not to notify NRC of a specific problem. NSRS always provided the NSRS reports to the line organization within TVA and if the identified problems required reporting to NRC, the line had the responsibility to report the identified item through fonnal channels.
- 2. On several occasions, one or more members of the staff went to Atlanta to brief the NRC on a specific report. This would have come up because the ;
NRC was aware that we had a given item under investigation and wanted to l know of the findings. I specifically remember Mike Kidd making a ! presentation on an investigation he made, although I don't remember if the report was provided or not. ) i
- 3. When reports were provided to the Region informally, it is my )
understanding that the reports were used to determine what NSRS was ; doing, not as a basis for them using NSRS reports to issue findings against TVA. The reports were not intended for widespread use in NRC and ) were returned or destroyed (I don't know which). I l
- 4. In the case of the thimble tube ejection accident at SQN, NRC staff from l the Region came to NSRS offices and examined all the reports on the l accident, transcripts and all support data. Later the information was i provided to NRC. l l
- 5. As regards the NRC in Washingtor, NSRS interfacing with NRR was very I limited. NSRS (primarily the Director) went to NRR for some presentations and provided surnery viewgraphs regarding reviews at Watts Bar and I believe some statements regarding the NSRS findings on the Black and Veatch study. Also made one presentation to the ACRS subcomittee indicating the scope of the staff activities.
- 6. There was general understanding by NRC both in the Region and in NRR that the NSRS reports were available for anyone in NRC to examine. Further, the reports existed at the various plants and the NRC resident inspectors were always aware of the existence of NSRS reviews, investigations and reports.
- 4 !
J .. Schedule of NSRS Reports Read by NRC Region II , Prior to January 1, 1985 NSRS Reports Issued October 1979 - August 1985 NSRS Reports Identified in: 6/4/86 OIA OIA Interviews of Report No. Date Issued Subject Int. Resp Quest Whitt Lewis O'Reilly R-80-02-BFN January 9, 1980 Nuclear Safety Review Staff Investigation of Browns Ferry Unit 3 Containment Leakage Problem - Dec. 6-9, 1979 X X R-81-08-BFN May 15, 1981 Major Management Review of the Office of Power and the Office of liealth and Safety Management Controls X ? R-81-13-NPS September 4, 1981 Special Review of TVA's Nuclear Security Program X X X ? R-81-14-0EDC September 19, 1981 Major Management Review of (BLN) the Office of Engineering Design and Construction X ? R-81-15-PURCil September 8, 1981 Major Management Review of the Division of Purchasing Management Controls Affecting Bellefonte Nuclear Plant X ? R-81-19-NPS September 29, 1981 Special Review of the TVA Quality Assurance Program X ? 15 X - denotes identified report
? - denotes possible but not 100% sure ll x
Schedule of NSRS Reports Read by NRC Region II , Prior to January 1, 1985 NSRS Reports Issued October 1979 - August 1985 NSRS Reports Identified in: 6/4/86 OIA OIA Interviews of Report No. Date Issued Subject Int. Resp Quest Whitt Lewis O'Reilly R-81-28-WBN January 20, 1982 Mini-Management Review of Watts Bar Nuclear Plant X X X ? R-81-30-BFH December 18, 1981 Browns Ferry Nuclear Plc.nt - Special Review of Security Training and Security Systems X R-81-31-NPS March 31, 1982 Special Review of the Division of Nuclear Power "' Operating Training Program X ? R-82-01-PSS March 19, 1982 Management Review of Public (Safeguards) Safety Service X R-82-07-WBN June 9, 1982 Inspection Practices of Structural Steel Welds - Special Report X ? R-82-08-NPS February *23,1983 Review of the Office of Power Water Quality Program X ? R-82-16-BLN September 19, 1982 Investigation of Alleged Improper Termination of Services of a Personal Services Contract Empioyee X ? X - denotes identified report
? - denotes possible but not 100% sure --_______________ __ ____. t
Schedule of NSRS Reports Read by NRC Region II
- Prior to January 1, 1985 MSRS Reports Issued October 1979 - August 1985 NSRS Reports Identified in:
6/4/86 OIA OIA Interviews of Report No. Date Issued Subject Int. Resp Quest Whitt Lewis O'Reilly I-82-26-SQN December 17, 1982 Investigation of Alleged Improper Radiograph Techniques X X X I-83-04-SQN February 11, 1983 Sequoyah Nuclear Plant - Concerns Relating to Quality Assurance Activities Within the Construction Electrical Engineering Unit X w I-83-13-NPS June 7, 1983 Investigation of Concern Regarding Quality Engineer-ing Branch Records X ? I-83-17-BLN July 27, 1983 NSRS Review of TVA's Nuclear Security Program X X R-83-19-0QA August 24, 1983 tiajor Management Review of the Office of Quality X Assurance I-83-21-SQN December 12, 1983 Employee Concern - Violation of Quality Assurance Procedures at Sequoyah Nuclear Plant - Division of Construction X X - denotes identified report
? - denotes possible but not 100% sure D
_ - _ - _ _ _ _ - _ _ _ - _ _ _ _ _ _ - _ _ _ _ . _ _ _ _ _ _ _ . _ _ _ _ - , - _ _ _m _ . ._- u-2 __ =
L Schedule of NSRS Reports Read by NRC Region II
- Prior to January 1, 1985 NSRS Reports Issued October 1979 - August 1985 NSRS Reports Identified in:
6/4/86 OIA OIA Interviews of Date Issued Subject Int. Resp Quest Whitt Lewis O'Reilly Report No. I-83-28-BFN March 7, 1984 Excessive Water in Radwaste Shipment from Browns Ferry Nuclear Plant X R-84-02-WBN April 13, 1984 Watts Bar Nuclear Plant Operational Readiness Review X R-84-05-WBN June 4, 1984 Operational Readiness Review - Phase II X ,, R-84-06-NPS May 25, 1984 Review of TVA's Nuclear X (Safeguards) Security Program X I-84-12-SQN August 1, 1984 Sequoyah Nuclear Plant - Investigation of Unit 1 Incore Instrumentation Thimble Tube Ejection Accident X X on April 19, 1984 X X R-84-15-WBN December 27, 1984 Watts Bar Nuclear Plant - Operational Readiness Review - Phase 11 X a X - denotes identified report
? - denotes possible but not 100% sure
i - Schedule of NSRS Reports Read by NRC Region II , Prior to January 1, 1985 NSRS Reports Issued October 1979 - August 1985 NSRS Reports Identified in: 6/4/86 OIA OIA Interviews of Subject Int. Resp Quest Whitt Lewis O'Reilly Report No. Date Issued I-84-16-BFN June 15, 1984 NSRS Investigation of Concerns Related to Failures of the High Pressure Coolant Injection (HPCI) System at Browns Ferry Nuclear Plant X X X ? R-84-20-BFN July 30, 1984 Assessment of the Browns Ferry Regulatory Perform-ance Improvement Plan X ?
~ ' '
I-84-30-BFN December 7, 1984 Invesdigation c' Problems ,
/ Concerning Category.I Supports at Browns Ferry X ?
' Nuclear Plant I-84-31-BFN November 8, 1984 Investigation of Browns Ferry Nuclear Plant Unit 3 Startup from Cold Condition with RHR in Shutdown Cooling Mode on October 22, 1984 X X X X 1 X - denotes identified report
? - denotes possible but not 100% sure
1 i i
-L TWA Employees Wh6 Identified NSRS Reports Pro' tided to NRC Prior to January 1,.1985 . =
Employee Report No. !?eport Subject Gerald Brantley 1-84-12-SQh Thimble Tube Lawrence Nobles I-84-12-SQN Thimble Tube 4 Ralph Shell R-81-23-WBN Mini-lianagement Review on Watts Bar QA Kennii Whi tt See Appendix VII N A 5
~
4 , 4 M I 6
NRC Employees Who Identified NSRS Reports Read / Received Prior to January 1, 1985 CURRENT EMPLOYEES: Employee Report No. Report Subject Elinor Adensam I-84-12-SQN Thimble Tube A. Bill Beach I-84-12-SQN Thimble Tube Charles Brooks I-84-16-BFN Failure of HPCI at Browns Ferry I-84-31-BFN Browns Ferry Startup from Cold Condition with RHR in Shutdown Cooling Mode P. T. Burnett I-84-12-SQN Thimble Tube Steven Butler R-81-28-WBN Mini-Management Review at Watts Bar - R-81-13-NPS Nuclear Security R-81-30-BFN Browns Ferry Security Training and Security Systems R-82-01-PSS Routine Review Sequouah R-83-16-NPS Confidential Employee Concern (believed to be I-83-16-NPS because there is no R-83-16-NPS) Floyd Cantrell, Jr. I-84-16-BFN Failure of HPCI at Browns Ferry Douglas Collins I-84-12-SQN Thimble Tube Albert Gibson I-84-12-SQN Thimble Tube Alan Herdt I-82-26-SQN Alleged Improper Radiograph Techniques George Jenkins I-84-12-SQN Thimble Tube Caulde Julian I-84-16-BFN Failure of HPCI at Brown Ferry 2 I-82-26-SQN Alleged Improper Radiograph Techniques 15 E
. E3 x
s; -
Employee Report No. Report Subject Phillip McKee I-84-12-SQN Thimble Tube I-84-16-BFN Failure of HPCI at Browns Ferry Warren Minners I-84-12-SQN Thimble Tube . Frank J. Miraglia I-84-12-SQN Thimble Tube Daniel Murphy I-84-12-SQN Thimble Tube Thomas Novak I-84-12-SQN Thimble Tube James G. Partlow I-84-12-SQN Thimble Tube Charles Patterson I-84-16-BFN Failure of HPCI at Browns Ferry , Charles Rossi I-84-12-SQN Thimble Tube Frank Schroeder I-84-12-SQN Thimble Tube to Milton Shymlock R-84-02-WBN Watts Bar Plants Operational Readiness Review R-84-05-WBN Watts Bar Plants Operational Readiness Review - Phase II R-84-15-WBN Watts Bar Plants Operational Readiness Review - Phase III Carl Stahle I-84-12-SQN Thimble Tube . James Taylor I-84-12-SQN Thimble Tube i
Employee Report No. Report Subject Bruno Uryc I-82-26-SQN Alleged Improper Radiograph Techniques I-83-04-SQN Sequoyah - Concerns re Quality Assurance Within Construction Electrical Engineering Unit I-83-21-SQN Violation of QA Procedures at Sequoyah - Division of Construction James Verse I-84-12-SQN Thimble Tube I-83-28-BFN Excessive Water in Radwaste Shipment from Roy Weddington Browns Ferry Stephen Weise I-84-12-SQN Thimble Teba Everett Williamson I-84-12-50N Thimble Tube John York I-82-26-SQH Alleged Improper Radiograph Techniques
')
FORMER EMPLOYEES: Richard Lewis See Appendix VII John Olshinski I-84-12-SQN Thimble Tube , James O'Reilly See Appendix VII
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UNITED STATES NUCLEAR REGULATORY COMMISSION s .j W AS HIN GTON. D.C. 20555 e a
\...../
OFFICE OF THE February 12, 1988 SECRETARY l MEMORANDUM FOR: Betsy Shelburna, Chief Public Document Room FROM: Sandy Sh an M hiof Corresp d Records Branch
SUBJECT:
RELEASE OF OIA REPORT, "REVIEW OF NRC'S RELATIONSHIP WITH TVA'S NUCLEAR SAFETY REVIEW STAFF (NSRS) The attached OIA report has been cleared with the Commissioners, OIA and OGC for release to the public. Please place the attached copy in the PDR. I m {cc: DCS I}}