ML20209D349

Responds to T Devine Alleging NRC Mishandling of Allegations & Lack of Concern for Anonymity of Allegers. NRC Use of Info & Handling of Allegations Viewed as Adequate & Responsible.Region V Memo Re Reinvestigation Encl

ML20209D349
Person / Time
Site:	Diablo Canyon
Issue date:	09/24/1984
From:	Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Devine T GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20209D027	List: ML20209D022 ML20209D163 ML20209D349 ML20209D368 ML20209D434 ML20212F051 ML20212F057 ML20212F063 ML20212F070 ML20212F074 ML20212F080 ML20212F086
References
FOIA-86-197 NUDOCS 8410100296
Download: ML20209D349 (2)

Text

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/ UNITED STATES 9/ -

• ! "A NUCLEAR REGULATORY COMMISSION // M

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WASHINGTON. D. C. 20555 k....) September 24, 1984

! Mr. Thomas Devine

Legal Director e Government Accountability project I 1555 Connecticut Avenue, N.W., Suite 202

• i - Washington, D.C. 20036 l

Dear Mr. Devine:

i I appreciate your initiating a discussion with me on August 28. I found it Very useful.

l

} In regard to your letter of September 4, I understand that you feel, in regard to allegations at Diablo Canyon, that (1) the NRC staff has placed the burden of proof on those who make allegations rather than the licensee, (2) the NRC staff is " posturing" rather than following up on allegations, and (3) staff was

. insensitive to the anonymity of those who provide NRC infonnation.

I understand your views as a lawyer representing clients, however, based on my discussion with the staff I do not believe they are justified. From y under-standing, the agency does not require those who make allegations to prove any-l

thing. We rely on those who bring us information related to safety to point

! out discrepancies. It is our responsibility to determine whether they have an j effect on the safety of the plant and to take further action if appropriate.

a The record shows the large amount of effort that went into a review of the very large volume of allegations at Diablo Canyon. It is, of course, crucial to the 4

j evaluation that those who make an allegation provide sufficient detail to allow l the agency to proceed in an effective way. It is essential to talk to them -

' sometimes more than once - in order to get the facts straight. Whatever infor-

.I mation the agency acquires, assessment and follow-up must be done, as appropri-

{ ate, regardless of the amount of detail provided.

.l When a very large number of allegations are presented in a short period of time j as occurred at Diablo Canyon, NRC is faced, as I am sure you recognize, with 1 particular difficulties in accomodating the process. It attempts to adjust by J'. placing more people on the job - on the order of 50 different individuals over 10 months at Diablo Canyon. This probably leads to less personal attention being given to individual allegers, although it results in more attention to their allegations. We have stressed the need to be sensitive to the con-fidentiality of those who, despite the risks they sometimes face, come to us to point out problems and defects. Staff does require the licensee to respond to

, some allegations aftey the identification of the person (s) involved is removed.

l I agree we must be careful in this, but in some cases in which an alleger is already directly involved with the issue it is impossible for the connection not to be made. I believe in most cases the alleger is well aware of this risk.

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In sumary, from the infonnation available to me, I believe that our use of infonnation provided by people who question the safety aspects of plants l has been responsible and efficient. I also believe that the infonnation i provided has been of great assistance to the agency in assessing the safety of the plant. You and Ms. Garde have been helpful in the past in improving our -

procedures which deal with this issue. ,

Because I take this view, I do not agree with your recomendations to the

, extent (Nos.1, 2, 3, and 6) that they suggest major re-investigations of Diablo Canyon and/or circumvention of Region V. In regard to the others (Nos.

4, 5, 710) I have attached the response which the Region V Administrator has

,  ; provided me on my request.

1 I would be happy to meet again with you on this matter if you would like to do so.

I Sincerely, l pgneeWmism1.Dircle 1

1*

William J. Dircks Executive. Director

! , for Operations

Enclosure:

i As stated j Distribution 7

LA DO R/F I

i WDircks l JRoe TRehm VStello JMartin, RV l GCunningham, ELD

, e HDenton, NRR l PBrandenburg(EDO_14769) l l

• SEE PREVIOUS CONCURRENCE

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, 1) d' 0FG :A0/EDO :RV* :EDO :El.D* :NRR*  :  :

NAME :TA pv :JMartin :WD11 s :JMurray  : Case  :  :

l  : _____:___ __......:___..___....: _____.. ........._____:.. . ..__.:..__________.___________

l DATE :0g/Dr /84 :09/18/84 :09/p1/84 :09/19/84 :09/20/84  :  :

l 1 1

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