ML20138L232

Forwards BNL Insp Rept Re Gap Allegations Concerning Region III Conduct During Plant Insps.Based on Review of BNL Recommendations,Two Allegations of Improper Conduct Valid. Technical Divs Will Reemphasize Insp Policy.W/O Encl

ML20138L232
Person / Time
Site:	Midland, 05000000
Issue date:	04/04/1985
From:	James Keppler NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:	Connelly S NRC OFFICE OF INSPECTOR & AUDITOR (OIA)
Shared Package
ML20138L184	List: ML20138L180 ML20138L216 ML20138L232 ML20138L238
References
FOIA-85-249 NUDOCS 8512190201
Download: ML20138L232 (1)

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April 4, 1985 MEMORAMOUN FOR: Sharon R. Connelly, Director, Office of Inspector. and Auditor FROM: James G. Keppler, Regional Administrator, Region III

SUBJECT:

ALLEGER SUGGESTED THE NRC STAFF MAY HAVE ACTED IMPROPERLY DURINGINSPECTIONSATMIDLAND(50-329;50-330) i Region III contracted with Bro'okhaven National Laboratory to conduct inspections into certain allegations made by a Government Accountability Project witness involving the Midland Nuclear Power Station. Brookhaven Laboratory categorized the allegations and identified four allegations "to be referred to the NRC Office of Investigations (or other appropriate agency) for resolution." My Enforcement and Investigation Coordination Staff has reviewed the Brookhaven reconnendations (Enclosure 1) and determined that two allegations suggest improper conduct by unspecified members of the Region III staff. Since this conduct was not directed toward any specific members of the staff and appears generic in nature, we have directed each of our technical divisions to reemphat,1re regional policy on inspection of allegations during divisional meetings (Enclosure 2) Accordingly, practices and handling I am fomarding this to you for your infomation. Based on.the actions we have taken we are not requesting or suggesting any action on your part; however, we will cooperate with you if you should detemine that action on your part is appropriate. I am also forwarding a co j BrookhavenInspectionReport(Enclosure 3)pyofthepubliclyavailable Mr. Charles H. Weil, Region III Investigation and Compliance Specialist, is the Region III point of contact in this matter. Should you or your staff have any questions, please feel free to contact Mr. Weil at FTS 388-5535.

Original t1gned by Jares G. Keppler James G. Keppler Regional Administrator

Enclosures:

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! U S Nuclear Regulatory Commission Region III 799 Roosevelt Road Glen Ellyn IL 60137 MIDLAND ENERGY CENTER CWO 7020 BROOKHAVEN NATIONAL LABORATORY REPORT CONCERNING WELDING PROGRAM ALLEGATIONS FILE 0505.2/0.4.2/UFI SERIAL 32225

REFERENCE:

(1) Charles Norelius letter to J W Cook, dated March 22, 1985 transmitting BNL Report on Welding Allegations, dated January.1985 Thank you for the BNL report on welding allegations attached to the referenced letter. S.

We are pleased to get a portion of the issues identified in the report closed.

We had been conducting detailed discussions prior to the project shutdown to support resolution of the issues. Technical resources are no longer available

to further the investigation. For this reason we believe it impracticable to bring the remaining open issues to conclusion at this time. However, in the event of a Project restart we would pursue reinstituting a full technical investigation of all the issues still pending, as identified in your letter, and determine the most practical way to resolve them.

Therefore, we are taking no further action at this time on the open issues other than entering them into our commitment tracking system. At the time of Project restart we will bring specific suggestions to the NRC Staf f for resolution of each item, such as utilizing the CCP or IDVP or other alternate solutions.

. -A JWC/WRB/lr CC RFWarniek, NRC Region III JJHarrison, NRC Region III RBlandsman, NRC Region III 4P l(,

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OM/0L SERVICE LIST  :

Mr Frank J Kelley Atomic Safety & Licensing Actorney General of the Appeal Board i State of Michigan U S Nuclear Regulatory Commission Ms;Carole Steinberg Washington, DC 20555 Assistant Attorney General Environmental Protection Division Mr C R Stephens (3) 720 Law Building Chief, Docketing & Services Lansing, MI 48913 U S Nuclear Regulatory Commission Office of the Secretary Washington, DC 20555 Mr Myron M Cherry, Esq Suite 3700 Ms Mary Sinclair Three First National Plaza 5711 Summerset Street Chicago, IL 60602 Midland, MI 48640 Mr Wendell H Marshall Mr William D Paton, Esq RFD 10 counsel for the NRC Staff

. Midland, MI 48640 U S Nuclear Regulatory Commission Washington, DC 20555 l Mr Charles Bechhoefer, Esq Atomic Safety & Licensing' Atomic Safety & Licensing Board Panel Board Panel

> U S Nuclear Regulatory Commission U S Nuclear Regulatory Commission East-West Towers, Room E-413 Washington, DC 20555 Bethesda, MD 20014 Ms Barbara Stamaris Dr Frederick P Cowan 5795 North River Road 6152 N Verde Trail Rt 3

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