ML20027A743

Suggests Ofc of Inspector & Auditor Be Directed to Review NUREG-0862 to Determine If Appropriate Questions Were Asked & Followed Up,If Adequate Search Was Made for Documents & If NUREG-0862 Accurately Reflects Facts

ML20027A743
Person / Time
Site:	Diablo Canyon
Issue date:	02/08/1982
From:	Udall M HOUSE OF REP., INTERIOR & INSULAR AFFAIRS
To:	Palladino N NRC COMMISSION (OCM)
Shared Package
ML20027A744	List: ML20027A743
References
RTR-NUREG-862 NUDOCS 8203150316
Download: ML20027A743 (1)

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The Honorable Nuniio Palladino Chairman United States Nuclear Regulatory Commission Washing ton , D. C. 20555

Dear Mr. Chairman:

I Since assuming responsibilitytofor o9ersight call to your of the NRC, attention and have had too frequent cause that of your predecesors deficiencies in the.qua.lity of NRC

• investigations. I regret that I must again raise questions in this instance, the about the quality .of- an investigation; ,

inquiry conducted into circumstances surrounding Seismic the development of the " Preliminary Report, L. Cloud Associates, .

Investigation Program" prepared by R.

Inc.

for the Pacific Gas & Electric Company. This investigation is' reported upon in .NURGE-0862.

NUREG-0862 is currently under review by staff of the House Interior Committee, the Commerce Committee Subcomittee on Energy, Conservation and Power, and Congressman Panetta'sreviews a office; the staf f conducting these While I do not appear to be significant deficiencies.

intend to involve myself in the substance of the matters I am concerned the.NRC inquiry be under thorough investigation, and not subject to the types of criticsms called forth by past investigations. .

I believe, therefore, in order to forestall a repeat of past exnerience, the NRC Inspec' tor and Auditor should be directed t> conduct a review of NUREG-0562 for the purpose of cetermining whether appropriate questions sere asked d'uring the interviews conducted by NRC staf f, whether these questions ware appropr'iately followed up, whether and an whether adequate search was made for relevant documents, the summary sections of NUREG-0862 are an accurate reflection of the materials on which they are based.

investigations is a matter I intend Since the quality of NRCreport of the Inspector and Auditor may be to monitor, the hearing.

the subject of a future oversight 5 nced

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. MORRIS K. UDALL rhairman  ; .,,, , g , , .,. {

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M. @@Ct0MMITTEE.0R ENERGY CONSERVATION gQag a ^ AND POWER et. wrm es. **-* Q L.c...

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=;* g e ac February 4, 1982 The Bonorable Nunzio Pall'adino Chairman Nuclear Regulatory Commission -

Washington, D.C.- 20555 '

Dear Mr. Chairman:

It is. my understanding that. the Commission will make a '

determination at tomorrow's meet'ing 'on-th ne~dessity'of' enforcement action against Pacific. Gas. and Electric Company (PG&E), owners of the Diablo Canyon Nuclear PoUer Plant.' Action -

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is under consideratio.n due to certain possibly misleading statements made by PG&E employees and contractors at a November 3, 1981 meeting with the NRC. staff. Any action taken would presumably be based on'the findings contained in the I6spection Report"of " Preliminary Report, Seismic Reverification Program" (NUREG-0862) . This document has presented to the Commission on --

6 January 18, 1982 and released to the. public on January 27, 1982. '

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A brief review of this document-by' m'y sEff disclosed inconsistencies which were not addressed in the-report. For example: ~ '

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(1) Statements of Mr. Donald A. Brand, Vice. President,'PG&E,

Engineering, Mr. James V. Rocca, Chief Mechanical and .

Nuclear Engineer, PG&E, and Dr. Robert L. Cloud, '

President, R.L. Cloud and Associates, in the transcripts indicate that Dr. Cloud led the NRC to believe that he pas solely responsible f or the scope of the audit, that it was solely his produc't. According to PG&E personnel to whom Dr. Cloud reported, PG&E had contributed substantially to the development of the reverification program. See transcript pages 16 2,163, 33 8, and .339.

(2) As summarized'by NRC staff, Dr. Cloud " stated he considered the draft reports as working papers...to make

, sure whether or nor he had any of his f: cts wrong. . .that he did not even consider these documents in..the nature of a draft." (page 12) Dr. Cloud's interviewer did not request him to reconcile this statement with the' cover letter to the working papers, signed by Dr. Cloud, which read, " Enclosed please fina "A Preliminary Report on the Design Interf ace Review of the Seismic Reverification Program." The enclosed working papers were labeled

" draft. copy." -

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• 2 These examples raise questions as to the adequacy of the inspection report and the completeness of the information upon which the Commission will make a determination of the necessity of enforcement action. Accordingly, I urge the Commission to confine

__its actions tomorrow to t he consideration of the adequacy of both phases of the inspection repo~rt. This action.is requested lest a more thorough review reveal additional discrepancies which would further undermine public confidence -in :the Commission's ability .

not only to detect. error,s.,.but also to discourage their

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repetition. ,

. Sincerely, . . _ .

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Richard L. Ottingerk Chairman .

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