ML20151C041

Informs of Arrangements Being Made to Send Team of Qualified Individuals to Gap Ofcs in Order to Review Certain Files Re Various Allegations of Safety Defects at Plant.Related Info Encl

ML20151C041
Person / Time
Site:	South Texas
Issue date:	12/07/1987
From:	Briggs W NRC
To:	Condit R GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20151C025	List: ML20151C022 ML20151C041 ML20151C045 ML20151C050
References
FOIA-88-141 NUDOCS 8804120107
Download: ML20151C041 (6)

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..... Decer.ber 7, 1987 VIA MESSENGER Richard E. Condit, Esq.

Government Accountability Project 25 E Street, N.W. )

Washingtor., D.C. 20001 ]

Dear Mr. Condit:

As you are aware, pursuant to several discussions between GAP and Ms. Billie Garde, on the one hand, and the NRC, on the other hand, arrangements have been made for the NRC to send a team of l qualified individuals to GAP's offices in order to review certain l files which GAP and Ms. Garde have assembled regarding various allegations of safety defects at the South Texas facility. These NRC reviews began on November 30 and, from the agency's point of ,

view, they have been proceeding smoothly since then.

l On Friday afternoon, December 4, I was advised that GAP and 1 Ms. Garde were upset with an article that appeared in a Houston newspaper that morning. I was further advised that, as a result of that article, you had called the NRC and instructed that no ,

review team would be allowed in GAP's offices on Monday, Cacember 7, although a specific team had been assembled to  ;

conduct reviews of your allegations files at that time. In order Ifor wastheasked agency to find to give outa i.nat you call. was going on directly f rom you, l l

i We talked around mid-afternoon on Friday, December 4. You  !

advised me that an article appearing in the Houston paper had upset several of your allegers and required you (GAP and Ms. Garde) to institute some ' damage control.' You indicated that because of the article you were required to spend a lot of time correcting some erroneous information and explaining the actual situation to calm down a number of people. Because it appeared to you that this process would extend into Monday and perhaps beyond, you felt that the review scheduled to begin on Monday could not go form rd because, you believed, it would  ;

interfere with the discussions you felt were necessary to calm '

the anxieties created by the newspaper article. We agreed that a great deal of progress had been made in this matter in the past few weeks and neither of us vanted to jeopardize that progress.

You advised f.e that you vie.ied the CJrrent problem as being i neither the NRC's fault not a permanent derailment of the procedures to which ws had all agreed. You insisted, however, I that GAP and Ms. Garde needed a tenporary halt in the procedures in order to give you time to clear the air with your allegers.

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2 As we discussed, although the NRC has not seen the article, as Ms. Garde represented the article to Frank Ingram in our public affairs office, it appears that some erroneous information may have been reported in the Houston paper. In particular, as you well know, gap's files have not been physically turned over to the NRC, but remain in GAP's possession and control. Moreover, the NRC has not determined who within the agency can best investigate those of your allegations which may require further investigation. Indeed, the basic reason for the ongoing review is to enable the agency to assess the significance of what you have and to make a reasoned decision as to how best to har 'le any significant safety concerns that your allegations may rave'1.

Anything reported anywhere that is contrary to these two points is incorrect.

I also advised you that your refusal to allow the scheduled review to continue on Monday, December 7, would create some difficulties for the agency, in that the necessary personnel could not be assembled and disbanded on a moment's notice without some difficulty. You indicated that you appreciated the NRC's logistical problems in assembling a review team of qualified people f rom dif f erent of fices with dif ferent ongoing respons.bil-ities and then cancelling the review on short notice. You felt that, notwithstanding the inconvenience to the NRC and its lack  !

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of f ault in any misunderstandings caused oy the article, it was  ;

still necessary to call a tempocary halt to the ongoing review l process. I expressed the agency's disappointment in the disrup-  !

tion and its firm desire to continue the agreed upon review process promptly. You agreed that things had been going well and ,

that any disruptions should be brief. I promised to relay the substance of our conversation to Tom Rehm, the key HRC official involved in establishing and overseeing the NRC's role in the previously agreed upon raview process. I expressed my hope that you or someone f rom GAP would call the NRC on Monday or Tuesday, December 7 or 8, to arrange for a rescheduled review time. We agreed that any halt to the review process should be brief.

Af ter our phone conversation I did talk to Tom Rehm and he has (

advised me that he would honor your request to delay the review l process briefly.

The NRC has absolutely no desire to derail the productive process which has been jointly developed to enable the agency to review the South Texas safety concerns which your allegers have raised.

From the agency's point of view, however, two important benefits of the process have been that it will enable the agency to obtain the information rapidly and that it will enable the orderly use of the agency's limited resources. Unscheduled interruptiJns and delays in the review process serve neither of these important interests. We sincerely hope that you will promptly reschedule

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NRC review, in accordance with our previously agreed upon procedures.

Very truly yours,

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William H. Bri s,J. '

' l Solicitor 1

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m l or rulemakins and inmed issue a prwo d nar But commissioners Kenneth Carr and Kenneth Rogers questbned whedwr one ph Q.

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tions is to simply assess maintenance programs and industry initiatives while a rate is being dewsopee ;

or to wort with utilities to improve maintenance and make a rule unnecessary.

l "We should be clear on where we stand," Rogers said. "I would say there may be some uncertainty bere." y, And in response to a statement by Stello that the purpose of the inspecticris is to "go cut and see that g6 /t'd 'J ('j plants get their maintenance programs Sted,"Carr said: "Then we ought to first have a rule and then go enforce it You don't need this policy statement to do that. All we're teUing thern (utilities) with the policy statement is that they ought to have a maintenance prograrn."

FoUowing the meeting, Carr-who has made improved maintenance his top priority--said he sup-ports the thrust of the staN proposal. But he also reiterated his posidon on the need for the enmmission l

so move beyond a policy statement. "I think we ought to have some kind of regulations on j maintenance," he said. <

Stello suggested to the commission that it is unnecessary to specify how committed the commission currendy is to rulerr.aking and said if the commission decides it wants to adopt a rule foUowing the two- 1 year assessment period,it would be in a position to do so. "We are initiating a process that leads us I down the path to rulemaking," Stello ssid. I Staffers James Sninek and Jack Roe of the Office of Nuclear Reactor Regulation (NRR) charac-sertzed the proposed policy and inspection program as a major new undertaking by NRC aimed at fore-ing nuclear utilities to either make substantial improvement: in maintenance or face new NRC regulations specifying maintenance standards.

"We believe maintenance related challenges to safety systems we very excessive," Sniezek, NRR l deputy director, told the commission. "From a safety standpoint it's time for us to start exercising a

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leadership role in maintenance. We intend to be the impetus behind a new maintenance ethic in the  !

nuclear industry. The first thing we do is tell industry what we expect..we expect things to be 6xed l when they're broken." l Sniezek and Roe stressed the need for NRC to get away from "paper reviews" of maintenance programs and industry initiatives to improve them and instead determine if improvements called for by  !

industry "are actually taking effect." Staff plans to begin the inspections in April ane: said three out of every four plants would be inspected within the two-year assessment penod.

h, Each team would be comprised of six to eight members who will be on site about seven days. Roe said each inspectioc would result in a formal report and that industry and the public would have an op- ,

portunity to comment on the inspection methods following a trial program. Several commia%en '

questioned whether NRC has the resources to carry out so many intensive inspections within a two-year ,

l penod. "We believe we have a suf6cient number of qualified people," Roe said. Team members wiu j come from headquarters and regional offices and will undergo trainin fore tion -

Roc said.-Brian . lordan. Washington n 40 g THE GOVERNMENT ACCOUNTAetL!TY PROJECT (GAP) HAS PET D the NR delay voting on a full power operating license for Houston Lighting & Power Co.'s South Texas Project 1 un-til NRC investigates all of the allegations made by whistle-blowers and poMicly seleases reports ad.

dressing each charge.

NRC had sent an investigative team to STP to review 10 spectSc and 60 seccridary allegations made by whisde blow ers to G AP (INRC,18 Jan.,12).The allegations were chosen out of more than 600 safety.related char;es, and primary consxleration was given to issues tha4 "could afect criticality or power ascension," according to NRC documents. Unsubstantiated charges "would be pursued f.Jiher

! only if other related allegations provide some basis to assume that there is validity to the concern," the document said.

But G AP now say1 that investigation *s outcome was "predetermined" and was not thcrough because the team concluded that the auegations were "not of imroediate safety significance" before follow up interviews with the allegers were Snished. "NRC had prepared a draft of the 6ndings...even before the I team returned from its inspection trip,"G AP said. GAP also alleges that the tearn wu "constandy sub-jected to overwhelming scheduling pressures" to get the plant licensed and that the four. day inspection .

trip could not have been adequate to investigate all the charges. '

Although inspection teams often start w riting reports before they leave the site, that was not the case i

in this instance, said NRC spokesman Robert Newlin. As to scheduling pressures Newlin said,"the team was aware they could take more time if they needed."-Daniallt Weaver, Washingion

• 1 s INSIDE NJt.C.-Fetmer 1,Itas  !

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JWhistle blowers' attorney L to outline claims on STNP 4 See rotated story on Pap 83 tohaMk the allegatkos and ersteetth whlaue bkwm seerre mir9 dis a elash syl u gar.MIRoe0N of es work styles sad personaDuss e(

Hounon Crrnede Wa:Nne m sessubefore Ge Departmect of 1 Abor about Stalk and Garde.

their dhminala trero plant wort er lost Commasloe Wficials han been wne.

WA5mSGTON- ANockarRegG- pay, auerted de la takjng advanta gt of thg with ettorneys for GAP stact itet' tory Commmioc offkial sod b attor. those ues topnesure b &"to But ad nati!StaBo became W commis sey representing skistk bkwen at theleveaugat 5090Taan. sios's eseevuve director of opersuces Scott Tezu Nec) ear Prs)ect have "Panor, ally,1 think she wants pebbe. 13 Aptt) geos and Garde passed tk bar egned to dacuss sueged ufety defocu Ity.That's a big part of b.y germetam M". la her home state of Wiaccosta five months later d2d the club prodvet E

thwa amid criuchm of the attorney's F coeduct from toma of her trs,titiceal said DeanRaising some C. Dartay, a formerbeu la hallthis herstalemata.

ahs, "Irs adortwte it's totta thh far $

homaa Raha, % coet:isalen's as.been kt never employee repreeectedby vbobor.

has worked with Garde. It : as against E,y them sad Ste sistant dgoeur of operauem, MM be RonaldOcMstein,whois stmworths art leHus the wsy,* said Richard and Bitbe P Garde, be attorney, have with Garde on a discrimitAtion com. Condit,:. Wuhbgton rieff attorney at

>- 1 to a Thcnday meetieg dutieg plaint be filed throcgb tk Department G AP *ho woris wlth G rde.'f ' .- '

Gsrde said 24 wwM gm Rebe a of labor spinst Duco Seructs !ae, ' Ren said $ts!!o b a tosp maar I generalntnmaryof the al;spQess.

Garde, who worts for a pubhc inter.

the South Teru constructice coctrse.

tor, agreed that 'sbe's uxious for pub g*

and ecmes on strong that haPP u 8'29 N:5 est law Srm caDef or GowrmneetDeity. He added tha contrary to her be.W,.,Gardel) styk too,m3g a ggg,g ygg Accoutabdity Project, sam she boxs clairns,mu wilstle van an wW. g g g g., g g the nrre.ary wd1 p*mak the coc> to pub c. probably ript," Rh sak  ?!.

snuion to invest! pts the p;aars coo- e nspooded that keeplag Gei F e6 m ) tav bcMa ne e m w oe y.-

stacues. N8pm*W.e for a8866 safet regsla. r Lq he 4echlootomeetisthefintsignal ' public informed of events tant esyansettatir safetyis ants an coe waym3 80the OAP(nes W that both parties mipt eceprecuse tobold the government accoustatie. *ty. =, 3 g soco oc how to protect the ehhue Ameer tM allapuons Garde says agney 3 coepe peMy ab W to wott Mdstkisacy birem' identtues whik deallag with de tu fa u usertaoo by former Segu g%, p cannone mort thae A00 aDepuons of def acts in Gar 6e first eballenged W safety of ersucal safety rystsms at the cuelear Tezu pal;ty contrelvertm thattbe!r superv.sen f alsified inspectice rrports. the South Tazas plant at a Jascary

)Las c miles seeaeestof Houstoe, HlAPlUth11y 6*ched te ducsu b pnss cefartnet to Austia eben abe 4 fWeral jvdge rtNeed late last all allocs, but confirmed Nov. 4 that aA,>ousewi,2e

• had coDeeted aDegaf moeth to erforce a commlaskee "at ab- 'twoquauty controitas from eneralentreet and tng S'ID*, '*tm She laAtfled Stelk amerhave wor yet to at Euco wert fired fo hos for the tatoes of theinspecuoc wMs11een. De two eless reporta. Late lut wak, about them and caUed fer as invtetiga.

e[on bow to prouettheIdestaues RI4P said a cd third Uly coetrol tion indepeodent of Stene, h]s immab.

wbe silege the 6efsets.

t au subordlaates ad Se -nws memest to meet comesNeiGet as .worterbubeenfired Reha nor wouldpro-8"0'881'*000 8%4E wusue blowen Garde has vorhed with dkt that Dursday's meeung woutd Gmide teststs such an W it*

and toene pebbe Istartst groups have prodoct a long swalted ccenpromise lenet! gat!ce was necessary heet, to crlWise her reissalto tsra the Both utsowledged thef might 6ctock sh aWits St4Do and the wees sucescysrte Lbecommlesiesw noudr.g and that lhe of awavestnpce M camoot to tmtad by vocid act take GAP's see W ects at Sovth Tuas cosM ,

18 M 487,probkms and haap the l rths2g to tars ovw me 1be cowM vrite est what knows VMsthWowatt namesnemt, l tha suegations to Ge NBC, (GL I atd give it to es. We probably vW ash Steh tam be wooW protectese6 den.

lebete 8e f(RC)have fee more leformttles and ask her to tial seertes of hformaties abees abs gnjd PeOst( 8 ecgbeer at the Unles el C +

saswergeestisesseteseNtecess6a: Plant % the limit td the law and eer might M wroeg with Ge plaaf. Tbes abthly to 60 to' if Carde first'vosM 5ciecusts, mafbe wt can decide te a course el a tbt wMsCe bkwers' names.

Tem Smith, erseter of the Tasu action,"Rahr,saa fare has npeataOy rtiseed, saytag office of Peue Ousse, vWeb bel Carde sam the summary she wulgiv, Stenomastmake a written delved Gardelacoortlasttooeth, Reha vul be very general. "It wQ act the sab-with SteDe respoeded by as her to octotate axes sincerelgdevis be detated reocgh for them to invert)- peer.a. the sed la a modos la the ec=misseoe.5cJth anM be gate be or identify oer sources (W obst:, poer.a. GAP and Carde beled 8 talk nt, cSmmlaties abosM latesugate Tum kfort it grau a hD. Ekum),"Garde uld. sad De scuovest repon "provte and Pouart of the scient!su' arJoa, sam unpectant mucreaeta*

ooenung betase to 8scitoo be sbarts conctrus otten erprtened by N 8'** O r

• c Gsr6e pledged obe v.ogld to to140 if a

&,kg & Pewer C4,4elargast owner whisue bkwers and that their names court or$ered SteDo) sebpoena en an3 optstorof(be$x0fetupteject, sheeJd trx be turned over to Ge h'RC forced 81430, La turn, sam be ne ccer:take le set te vou the witbovt conditur.s. De abd Catde fear teamtr*4 that H14P be gives a M vwh of Dec. H es a fsD-power Deense that Victor Steno Jr, execsuvs director porer operstug 1 for SouG Tesas, cd W NRC may not beoor prtcaes of aDepuce.:are ect reviewed, 1ccewkes, there's reos for a ts. coeficentidty. ,

coul coropromw nsrs what we'v, la refushg to eclem the sebpoea "Turchg Go aDegatkra over to lut mooth, hdge n:cu F. Hedu of asled her and GAP for, te get these Sulk is a tc(al wute of timt. But UA Dutrict Court in Wuhington

• th!ags ce se taWe. We neH to get suramattains thetn wtG aboup detail mootahed Garde and SteDo t spovtag eo Gee nev,"do san to trigger a tsal latest!ptico cah be taand 3everal former ITNP worim and pehuc latertet e cee estreet verter,whces OAq;# says ecce,',,P,odard, san ofM68-NI _

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