ML20205E634

Discusses 880817 Story in Toledo Blade Re Office of Investigation Rept Concerning 861231 Incident Involving Plant Manager.Full Investigation by Ofc of Inspector & Auditor or Other Ofc Re Release of Rept Requested

ML20205E634
Person / Time
Site:	Davis Besse
Issue date:	08/17/1988
From:	Shelton D TOLEDO EDISON CO.
To:	Zech L NRC COMMISSION (OCM)
Shared Package
ML20205E624	List: ML20205E619 ML20205E634
References
1579, NUDOCS 8810270429
Download: ML20205E634 (3)

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TOL EDO

%mm EDISON i 1

DoNAto C. SHEtioN I

{<", N A " "

i Docket No. 50-346 l License No. NPF-3 Serial No. 1579 f

August 17, 1988 Lando V. Zech, Jr. , Chairman United States Nuclear Regulatory Commission 1717 H Street, N.V.

Vashington, D.C. 20555 Dear Mr. Zech A recent column by Jack Anderson published in the Toledo Blade on August 17, 1988 purports to describe an Office of Investigations (OI) report regarding an alleged incident on December 31, 1986 involving the plant manager of the Davis-Besse Nuclear Power Station. A copy of the article is attached for your information. As implied in the article and confirmed to us by Mr. Anderson's staff, the OI report was leaked to them from within NRC.

Because ve believe that the unauthorized release of this supposedly confidential report in violation of NRC policy is grossly unfair to the individuals and licensees who are subject to these investigations, I request that you direct that an inquiry be undertaken into the circumstances surrounding this release, that appropriate action be taken against those responsible for violating NRC procedures, and that a review be undertaken to determine how to preclude future instances of this kind.

I The circumstances of this allegation underscore the unfairness of the l leaking of OI reports. In January 1987, the Administrator of Region III informed the Company of an allegation that an employee may have been on site shortly after drinking alcohol. The Administrator requested Toledo Edison to appropriately investigate the allegation and inform the Region of the results, while cautioning us to strictly control the information to protect the personal privacy of the individuals concerned. In February 1987, the Company transmitted to the Administrator the recults of its investigation, concluding that the individual had been on site after consuming alcohol, but was in fact fit for duty. In March, the Acting Regional Administrator informed us that NRC concurred in the Company's conclusions.

?$k l$kE9 6809:3 H

N 03000346 F'DC THE TOLEDO ED: SON CCWANY EDSON PLAZA 300 MAOiSON AbENUE TOLEDO, OH'O 43652

l

.Dockot No. 50-346

. Licenso tio. NPF-3 Serial No. 1579 Pase 2 l

I In late 1987, we learned that OI vas investigating the events of December 31, 1986. The Company cooperated fully in the 01 investigation.

Following completion of the interviews this Spring, ve verc informed that a report was being prepared, but vould not be released until NRC review of the matter had been completed. After a reporter on Jack Anderson's staff informed the Company that he had a copy of the report which he had received from the HRC and was preparing a story on it, ve requested that imC staf f p ovide us with a copy of the report or a summary of its contents so that we could respond to the allegations in the media. Those requests vere denied.

01's policies preclude release of 1ts reports outside the imC vithout specific approval of the Chairman, and we are confident no such approval has been given for release of this report. Its release to a member of the press while the

, Compant and the individual subject of the allegation are kept in the dark about the report's conclusions or the evidence in support of those conclusions, has led to the making of charges which cite the OI report as support, but to which we are unable to respond. Ve feel sure you vill agree that this situation is highly unfe.fr to the individuals involved and to the  ;

Company, can adversely affect the morale and performance of employees and may ,

be seriously detrimental to the investigative efforts of the Commission.

Unfortunately, it is not the only instance of an unauthorized release of an 01 report in recent history. In another case where an OI repott was leaked to Jack Anderson, the Government (according to the August 2, 1988 decision of the Federal court !n U.S. v. Bloom) agreed to give the document, on a con!idential i basis, to the utility personnel involved.

Ve believe the strong individual privacy interests at stake, as veli as the

] NRC's need to preserve the integrity and confidentiality of its investigative activities and the reports generated therefrom, require a full investigation l by the Office of Inspector & Auditor or ether appropriate office of the l circumstances surrounding the release of the report.

i Sincerely yours,

$ (

ME0/lkg attachment cet Document Control Desk DB-1 NRC Resident Inspector

[ CLIPPING SERVICE SHEET THE TOLNO EDISON COUAM PUBLIC RELAil0NS GROUP to siti e , ,, . ,

..n e, n eu c m.., l O I,a'n't t Page 9

• 8-17-88 JackAndierson '

j .

Ecison cover-up of incident at

~

Davis-Besse caarged 5 o '- -

ur. stor= was inset wwia n. era.

T"Beses cue!*- -

'distracta= id 1 =tlective sad is not subetanuated." called to the centrol room becsume ar porn us.t the laat wu having trentle meet.

That might have been the eed of tsar Toled E, the story P.ad not the NRC been deaduas to go in Ic3 power LA4

' " E rodded Letolaunching an invesugs- Sat alght, after nearly,18 scends of dudte I on later la 1947 wt.:a one of its repairs.

ger cred e plant g 18f8

• I p e t l E $ay,,?$$

E' Lim control room.

it"eA""a"a&""e@#

During the NRC prebe. ecmp!;ted

$1nellbg et alechel, he threw a ,Last me:th. Mr. Shelten admitted ianed to udentand ue '*6ae=1 Probleme that alght, terr. der tantrum and shouted eb that be stopped his istostfgauen .,

scentues, according to em layees after a ucjor vice president at Tole. Das ta the fact that the PGLC who wen es duty that tag t. 7te do Edison told him that Mr. Ster In gators could oct eceelade  ;

beident was sertoca becaue a di- did not seem drunk when he talked whether Mt. Etcr was drunk they l

auter can be rparked by acueca in to him hy teleptoce that New YeJr's had no qualms about saytag is their the centrcl roem - the cerve center eye. As Mr. $betten told the h3C report that he was 'Y.bttscumg and of any cuelsar power plact. Loveedgators

"If the penior VP says distvpute in be contrcl rocm. . i But the Toledo Edlaca Co.'cov, that the wall ts hrown why shculd I Mr. Shelten defended h!a cwn in-ered up detalla of that elght so 2e asa the c! cam! g !sdy what color the qu.'ty into the tacident, saying he Nuclear Reguhtery Commission wall tar

• would not  !!y have been dh-

would drep the issue. . Mr. Shelten prebably show!d have tracted b Mr. Etcrx'r centact.

The NRC celved the matter tatil aaW anyway. Four weers ato The workers said that Mr. Ston cow alletsucca surfaced last year, wus en CM is ce centrel roem did Mt ceder caen to es anythisq dat night told ce NRC cat Mr. uassfe Bat night. 7te plant us,sie

'Now my usociate. Stewart flarrts, 5tcrz had alechol cm ha hrsath when the deadt't.e but weet cn iba early hu obtair.ed the h3C bvesuttuve he arttved at about 10 p.m. Mr.

re rt that ec:cludes that Tcleds Sten himself told the NRC cat he Ce cert morning when it was safe.

n's ytes president Dr cuelsar The NRC r:ust deelde wcetber to pet. Iktald Shelten. *cencealed.. had s:nnd a tetut cf me Wh b tend its taveaugatoe to ce Justice crmauca. .

mie en tinser. And a usess satd Npartment for further act!an.

The optede is tust the latect es- A speiseman for Toledo Edisco t$r .

. C. the f w og er L er MrSt n I nuelut t:dutry,Isaees wer ec:n. ,am c ei paties to pelics etmst vos. (had t+en drtrai:3 becape kla Mr. $rs aM Mr. Sta! ten s*.1U held speisch and monments were im- mpqgmg Mr. Shelten made ce erigtsal pan ,d.

,LMutry teto the tseider.:t in Jaesary. NRC Lovestigaters could ces de-11937. at 2e request ef the NRC. Is tartmme tf Mr. sters wsa drvaa. Eut his repe.. Mr. Shelten wrota that mee geeple to the c(strel recen said plant manager Louia $ters arrtred he was d'.zr1; pure.

. at wert after dricklag slechot. But i

Mr. Sheltes ecoc!cded that the al-

.legauen tatt his Laharter was a

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