ML20129F581

Requests That NRC Take Immediate,Strong & Appropriate Action Warranted & Required Under NRC Regulations Re P Mcdonald, K Mccoy & Georgia Power/Sonopco Lies in Sworn Statements About Key Participants Role & Whereabouts

ML20129F581
Person / Time
Site:	Vogtle
Issue date:	11/04/1991
From:	Mosbaugh A AFFILIATION NOT ASSIGNED
To:	Uric B NRC
Shared Package
ML20129F106	List: IA-94-208, Partially Released Ltr Re Conversations W/Staff & Ltrs Identifying Allegations Related to Operations & TS Practices at Plant.Review Completed & Findings Documented in Encls ML20129F103 ML20129F113 ML20129F174 ML20129F222 ML20129F230 ML20129F243 ML20129F264 ML20129F418 ML20129F436 ML20129F452 ML20129F511 ML20129F549 ML20129F581 ML20129F593 ML20129F599 ML20129F606 ML20129F613 ML20129F621 ML20129F628 ML20129F638 ML20129F643 ML20129F648 ML20129F663 ML20129F684 ML20129F694 ML20129F724 ML20129F729 ML20129F735 ML20129F865 ML20129F990 ML20129G037
References
FOIA-94-208 NUDOCS 9610040184
Download: ML20129F581 (3)

Text

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To The United States Nuclear Reaulatory Commission

. (attention Gruno Uric. Alleantions Coordinator)

From Allan Mombauch [ //d-f/

Pat Mcdonald, Ken McCoy, anct Georgia Power /SONOPCO lie in sworn statements about " key participants" role and whereabouts in preparing LER 90-006 rev.O In a sworn statement during his deposition on 9-17-90 for DOL proceedings (Mosbaugh vs. Georgia Power), Pat _

Mcdonald % was ask under oatn: ,

I pg. 11 Q Have you ever read the LER regarding the diesel generator ?

A I read it, yes, I did read it.

, Q Prior to its submission ?

A No.

, Q You read it after it was submitteo ?

A Yes.

pg. 12 Q After you read it did you discuss it with anyone ?

A Not that I recall.

Q Did you discucs it with anyone before you read it ?

A Not that I iall.

pg. 13 Q So can you tell me what your role was in drafting the LER, reviewing the LER, or changing the LER other than reading it once ? I A I don't believe that I had any definable role towards activities.

In direct contradiction with the above sworn statements by Pat Mcdonald, Bill Shipman in conversations late in the day on 4-19-90 (before LER 90-006 rev.0 was sent out) with site personnel discusses Pat Mcdonald's very detailed comments on the LER.

Mr. Shipman mentions Pat's name several times as the originator of the comments. //

Documentation of these conversations as well as the 7 contradictory deposition transcripts are in the possession ((,j of the NRO OI.

It is clear from the conversations.with Mr. Shipman that Pat Mcdonal<1 not only read the draft of the LER 90-006 rev. O but *n substantis11y involved in shaping and commenting a the LER prior to it's initial submittal. Mk e t

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'FTDE^I) JAL In a sworn statement during his deposition on 9-12-90 for DOL proceedings (Mosbaugh vs. Georgia Power), Ken McCoy was ask under oath:

pg 88 Q Did Mr. Mosbaugh tell you in April of 1990 that he '

believed there were falso statements made in the corrective action letters sent to the NRC ?

A I do not remember him telling me that. I was told, I believe, by Bill Shipman that Allen Mosbaugh had expressed that concern. That's my recollection.

Q What did you do after you learned about that concern ?

A Actually I think I was out of town of(sic) something at the time that was raised and that Bill Shipman and George Hairston responded to that including rovising the LER and ordering a QA audit to be sure that it was completely accurate.

In addition to McCoy's above statement of being "out of town", GPC/SONOPCO previously submitted written answers to NRC questions posed during the NRC's OSI in August 1990.

GPC/SONOPCO's written answers (in the possession of the NRC  !

OI) fail to identify Ken McCoy as a participant of the

" late afternoon phone call" in which the LER 90-006 wording was revised and finalized.

The above is in direct contradiction with documentation in the possession of the NRC OI which shows that the date that Mr. Mosbaugh raised concerns with Bill Shipman over the COA letter and the LER was 4-19-90. Additional documentation in the possession of the NRC OI clearly shows that Ken McCoy was not "out of town" but was in the SONOPCO offices in Birmingham on that day and a key participant on the " late afternoon phone call".

The omission of McCoy's name from the white paper was not a simple mistake or clerical error. The NRC's questions were posed in a meeting that McCoy chaired during the OSI inspection. Answers were drafted by the group of GPC and SONOPCO managers including Ken McCoy. In McCoy's presence, the list of participants who were on the late afternoon call was compiled and reviewed.

McCoy did not speak up or add his name to the list in any way.

Mr. McCoys statements from his deposition acknowledges i Mosbaugh's raising concerns with Shipman over the false statements in the LER on the diesel generator start counts, an event which took place on 4-19-90 before the LER was submitted.

Surprisingly this contradicts Pat Mcdonald's sworn statements in GPC's 4-1-91 response to the 2.206 petition which states, on page 4 section IIB, "Not until April 30

b~

1990 does it appear that Mr. Mosbaugh articulated for the benefit of his nanagement that the start count data contained in the LER was inaccurate".

Returning to Pat Mcdonald's sworn deposition of 9-17-90, Pat Mcdonald's was ask: ,

pg. 6 Q Do you know if you were in your office on or about i April 18th, 1990 9 I A I don't remember.  !

pg. 7 Q Could you look at it and see if that helps refresh i your recollection ?

A Okay.

A April the 18th I believe I was-- my calendar shows that I was in Atlanta for a meeting in Atlanta.

Q On April 19, were you ?  ;

A April 18. l Q I know. I'm asking about April 19.

A April 19th I believe I was in Atlanta in a meeting with Mr. Billy KlaCK, State Emergency Director. 1 When you combine the sworn statements from the above depositions with the sworn statements of GPC/SONOPCO in their 2.206 petition response and the " white paper" and look at what GPC/SONOPCO is saying about the top 3 Vice Presidents in charge of Vogtle, it is not only omtantiv falAs but their claim of collective abaance and DSD-narticination demonstrataa 3 total lagh gf intaarity:

4 Mcdonald didn't have anything to do with LER 90-006 i Mcdonald was out of town at the time.

McCoy was out of town at the time.

4 Hairston was not a participant on the " late afternoon 4

call" l'

The documentation in the possession of the NRC clearly shows the whereabouts of the Vice Presidents as well as their real roles, indeed intimate roles, in preparing and modifying LER 90-006 rev. O, roles they are now trying (unsuccessfully) to cover up. How many lies under oath by SONGPCO executives does it take for the NRC to conclude that SONOPCO axacutive management does not nossess the intmarity, character And fundamental trustworthinana .t,g onarata

, nuclear pomar plants as addressed in 10 CFR2 Appx. C. VI .

r I request the NRC to take the immediate, strong and I appropriate action that is warranted and required under NRC l regulations. i