ML20207F716

Requests Reversal of NRC Previous Denials of 2.206 Petitions Based on Fraudulent Repts of NRC & Util

ML20207F716
Person / Time
Site:	Perry
Issue date:	04/01/1987
From:	Schlemmer D WESTERN RESERVE ALLIANCE
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML20207F700	List: DD-88-13, Notice of Issuance of Director'S Decision DD-88-13,denying 870109 Petition for Suspension of Plant OLs Based on Alleged Pipe Clamp Deficiencies ML20207F702 ML20207F716
References
CON-#189-8115 2.206, NUDOCS 8808230178
Download: ML20207F716 (4)

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Western Reserve Alliance c/o Nuclear Information Resource Services

. 1616 P. St. N.W.

Suite 160

{- Washington, D.C. 20036 4/1/87 Docket Nos. 50-440 50-441 (1G C.F.R. S 2.206)

U.S. Nuclear Regulatory Commission Mr. Harold R. Denton, Director ,

Office of Nuclear Reactor Regulation Washington, D.C. 20555

Dear Mr. Denton:

This is to acknowledge receipt of your March S, 1987 letter to Mr. David Poch, Counsel to Energy Probe. In a footnote numbered one, on page one, of your letter to Mr. Poch you note that, "The Petition also alleges fraud on tr part of the Licens-ces and the HRC in the preparation of a Director's Decision issued with respect to the of a Director's Decision issued with respect to the seismic adequacy of the I cry facility in light of the January 31, 1986 earthquake in the vicinity of that facility. See, Cleveland Electric Illuminating Com-pany, et al. (Perry Nuclear Power Plant, Unito 1 & 2), DD-86-4, 23 NRC 211, (1986). The Petition requesta that the NRC withdraw that Director's Decision based upon

! Petitioners' belief that the NRC Office of Investigations has documented fraud in the preparation of that Deciclon.

l The allegation in the Petition is incorrect, I am unaware of l any investigation which calls into question my earlier

[ Director's Decision. Consequently, I decline to withdraw I

that Decision based upon the information provided in this petition."

Although our petition does address the seismic issues you have sidestepped the significant issue of inadequate NRC inspections into werker concerns and allegations, we want to make it clear that our petition makes the assertion the fraud that has been i

8808230178 PDR 880814ADOCK PDC 05000440 S

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, documented by the NRC in regards to past NRC reports center on past submissiona to the NRC, that the results of those investigations must be considered in reaching conclusions on the plant. This in no way lessens our expressed concern regarding the seismic activity near the plant site. Our concerns regarding the fraudulent reports and their subsequent documentation by the NRC can be found on page three paragraph two of our January 9, 198, 2.206 petition as follows:

"Issues were raised in WRA's 2.206 petition before the Com-mission on February 4, 1986. Subsequently the NRC denied WRA's 2.206 petition of February 4, 1986. The denial of this petition was basti for the most part on CEI and NRC in-vestigative staff reports on scores of allegations made by whistleblowers at the Perry plant that were contained in the February 4, 1986 petition. Energy Probe and WRA have c faith reason and belief that the NRC now has through the s.-

fice of Investigations (OI) documented the fraudulent in'.es-tigation upon which the NRC based their denial of WRA's 2.206 petition. Energy Probe and WRA contend that the NRC is under an affirmative duty to reverse their denial of WRA's Febuary 4, 1986 2.206 petition."

The only error in the January 9, 1987 petition that we sub-mitted to you was the inaccurate designation of OI as OIA-- we left out of the petition the letter "A". Our typosgraphical er-ror shoudl be understandable given the numerous functional offic-es we must deal with, however, it shoud have been clear to you that internal mismanagement issues are handled by OIA.

We believe that the Office of Inspector and Auditor (OIA) has the documentation of fraud we speak of and not the Office of Investigation (OI). Thus through this letter we have rectified what you have noted in the footnote previously referred to as an incorrect allegation. Please reconsider the merits of your deci-sion after you have reviewed the findings of the OIA report.

Further you stete that you are uneware of any investigation into your earlier Director's Decision. Given the fact tnat such ,

investigations have been conducted and in fact show that your de-cisions were based on fraudulent reports of both the Nuclear Regulatory Commission (NRC) and the Cleveland Electric Illuminat-ing Company (CEI) indicates that your written statements have been made in either bad faith or through incompetence or both.

On page three of your letter to Mr. David Poch you indicate the petition of January 9, 1987 was forwarded to OIA. We-consider you lack of mention of OIA's response to our allegations acknowledgment of the truth of our allegations, which your cleverly worded letter to Mr. Poch does not disguise to those familiar with the Perry situation.

Please consider this letter a formal addition to the Febru-ary 4, 1986 2.206 petition and the January 9, 1986 petition. For the reasons stated in this letter and the aforementioned peti-tions, petitioners again request an immediate closure of the Perry plants and/or an independent investigation of QA/QC prob-

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t lems outline in the meitioned petitions and a complete halt to the bad faith action's by the NRC and CEI. We request a public l reversal of the NRC's previous denials of our 2.206 petitions j which were based on fraudulent reports of th.) NRC and CEI. I We again state that the.NRC's and CEI's actions our in violation of International Law and Principle 21 of the Declara-tion of the United Nations Conference on the Human Environment (1972).

We look forward to you immediate response. j l

Sincerely, l Donald L. Schlemmer Western Reserve Alliance Denton1 i

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CERTIFICATE OF SERVICE I hereby certify that copies of this letter which is an

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addition to previous 2.206 petitions regarding the Perry nuclear

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plant have been serva3 by 1st class mail, postage prepaid on this the 2nd day of April 1987, to the following:

Mr. David Poch c/o Energy Probe 100 College Street Toronto, Canada MSG 1LS Mr. Harold Denton United States Nuclear Regulatory Commission Washington, D.C. 2055 United States of America Government Accountability Project 1555 Connecticut Avenue, N.W., Suite 202 Washington, D.C. 20036 United States of America Mr. W.P. Molson Consulat General Du Canada Canadian Consulate General Suite 1008 -55 Public Square Cleveland, Ohio 44113-1983 United States of America International Atomic Energy Agency (IAEA)

Director General Vienna International Center Wagramerstrasse 5 P.O. Box 100 A-1400 Vienna, Austria The Rt. Hon. Joe Clark Minister of External Affairs House of Commons Ottawa, Ontario, Canada Public Citizen Mr. Eric Glitzenstein 2000 P. St. N.W.

Washingtor., D.C. 20036 United States of America Union of Concerned Scientists 1616 P. St. N.W. Donald L. Schlemmer Suite 310 c/o Nuclear Information

Washington, D.C. 20036 Resource Services United States of America 1616 P. St. N.W.

Suite 160 Washington, D.C. 20036 United States of America