ML20128F506
| ML20128F506 | |
| Person / Time | |
|---|---|
| Issue date: | 04/13/1983 |
| From: | Eilperin S NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | Aloot S NRC |
| Shared Package | |
| ML20127A137 | List:
|
| References | |
| FOIA-84-415 NUDOCS 8505290655 | |
| Download: ML20128F506 (5) | |
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h ATOMIC SAFETY AND LICENSING APPEAL PANEL .
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' t April 13,~1983 k.!
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.. Note to: Sebastian Aloot h '
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From: SteveEilperid h ~
Here is a copy of the Applegate chronology as far as I have gone on it.
I
! Please incorporate whatever
!! '-i . - - < ! other information or consnents you might have.
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It should be of some use to us as a reference
.i ,t for our interviews.
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' - l p CHRONOLOGY 12/5/79 Applegate hired by"CGE.
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1 12/17/79 Reports progress to Murray of CGE.
Inform Murray about stolen materials and belt buckles. Murray instructs Applegate to look for misconduct of employees of Peabody-Magnaflux.
p ~12/2-/79 Further reports of time cheating; also of lax security. Murray again asks for 6
info on PM.
[ ,
12/3-/79 . Reports gun raffling, defective pipe welds, spool incident, pressure on PM.
- Lt-1/80 Applegate tells CGE of safety problems
, ~_ and collusion of Kaiser. Ignored.
Ordered to try to find reason to get rid of Peabody-Magnaflux (good guys doing x-ray radiography).
t I
'1/3/80 CGE terminates Applegate's firm. *
- Applegate takes steps to preserve info r , he has gathered.
q 1/5-6/80 PM trailer pilfered.
1/16/80 Applegate resigns from Confidential I. Services Inc.
gg 1/80 (last half) Applegate allegations to Cummings.
- 2/15 j ,j0 -
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' 2/12/80 .
Murray of CGE gives Applegate reports to b fired employees. ;
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2/28/80 Contacts Ahearne's office and then put l
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{ through to Bill Ward and Dudley Thompson' of IE within a matter of hours. - :
Applegate also goes to FBI, US Atty
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kl about this time or earlier. IE had not : '. ,; '
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been given info by Cummings. ,
. 3/80. Ahearne orders investigation after lower
- level NRC footdragging. ..
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3/80 Applegate car mysteriously forced off.
- road. Threats begin.
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! 3/3/80 Gerald Phillips and L. Williamson meet 31 Applegate at his home for 9 hours1.041667e-4 days <br />0.0025 hours <br />1.488095e-5 weeks <br />3.4245e-6 months <br />. Take j
, j
[ docs to xerox. Don't listen to all tapes.
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.; 3/4/80 Phillips again meets Applegate and j- , advises.him IE will investigate.
3 i-~ 3/11/80 Phillips/Applegate letter scoping
. investigating into defective welds bl B
accepted for safety related systems,
!! defective welds in 5 prefab pipes that L:
. had been drgpped, flushing, or
-pressure-cleaining process for safety L -
related piping.
. 4/1/80 .
PM ordered off site.
b'- I 4/80- Phillips advises Applegate NRC
,f investigation at plant about to begin.
l 4/80 Phillips gives Applegate prelim results.
,' Whlds and pipe flushing corrected.
- . Prefab pipes, current violation.
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- 4/80-5/80 .IE Reg III investigation.
h' 4/15/80 Applegate contacts Chicago Sun Times.
4/20/80 Applegate story in Chicago Sun Times.
4/2 /80 .Applegate tells Phillips coverup
- continues. Phillip discusses claim.
f, 4/30/80 Applegate contacts Bill Ward of NRC 3 about coverup.
5/1/80 Applegate and Ward meet in local Chicago j
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FBI office with Phillip, and Buckley of FBI, for 2-1/2 hrs. Phillip claimed *
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could not understand tape. FBI said NRC would have to act first.
]. 5/6/80 PM employees no longer talkative. Chief
'; exec claims the pilfering hurt PM in its3 6
defense and PM holding co. is dictating i position. Charges Kaiser coverup.
j Conversation taped and witnessed.
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5/80 Applegate goes to Washington. Meets L -
Critical Mass, GAP, Metzenbaum staff.
G j 5/10-15/80 Threats against Applegate's landlady.
J 5/16/80 . Applegate leaves Cincinnati
. i t 6/80 Applegate in Washington to prepare j . disclosure.
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I , 6/4/80- Phillip talks with Applegate for last f[ time. Says PM unwilling to make q ' specific accusations.against CGE. IE q report to be out soon.
7/80 hayIIIreport.
! 12/80 GAP allegations sent to Merit Systems
' Protection Board that (a) potentially faulty construction existed ati Einsner, and (b) 'NRC failed to investigate them properly. -
12/15/80 Ahearna tasks CIA to determine adequacy
. of Region III investigation.
I .
12/29/80 GAP petition formally sent to OIA.
8-
. 12/80-3/6/81 OIA, principally Gamble and Sinclair, interviews Regicn III personnel and some
' othern to determine what was done as a result of 2/80 Applegate allegations.
p OIA looks at IE regional investigative e
procedures, Zimmer inspection and k -
-investigation reports prepared by Region 2 III, pertinent Kaiser welding records,
' pertinent non-conformance reports, and P.III investigators working files. (CIA of ' view that only a limited number of GAP 12/80 allegations had been brought to IE attention by Applegate in 2/80).
12/30/80-3/4/P1 OIA reviews GAP petition, gets more doc I. - - -'~
from GAP, many of which concern post-IE l '- inv. and hence could not have been
, , within scope of what Applegate initially -
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told Reg. III.
- 1/9/81 OIA meets with Cuu reps and gets .
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' additional doc. which OIA refers to IE because it deals with safety info.
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1 1/13/81 3 OIA people (Gamble, Sinclair, and ,
Schnebelan) meet with Kepler, Davis, i Norelius, Phillip, Fiorelli. l
- 8/7/81 OIA Report - Findings
- Inadequate doc., !
e.g., no detailed doc of interviews with '
! Applegate or principal wits, no detailed j doc of welding records reviewed re: 3 4 allegedly defective welds. None of welds were inspected by inv. team nor
~was all part weAding doc reviewed.
. , Second Applegate alleg. re installing h;
prefab safety pipe with defective welds l '
was Apt fully investigated nor h,t accurately repted because it omitted
, fact that a CGE QA officials responsible for QA program at Zimmer had cleared the i . . defective pipe to be installed.
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Lastly, IE wrongly quibbled by saying Applegate's alleg. of defective welding I ;- , .not substantiated. In fact, Applegate was right despite the fact that welds
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Lhad not received final acceptance.
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. 2/81-4/6/81 Gamble and.Sinclair write up and l
complete draft OIA report. Submit i to Schnabelen for review.
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,l . 4/6/81-8/81 Various-iterations of draft OIA report
! with Cummings, Gamble and sinclair.
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5/81 Open 81-39 file growing out of.IE
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-< investigation uncovering falsification y .
. issue.
7/ E'l-8 / 81 Cummings' takes Harpster interview out of
!y draft OIA report over objections of
, Gamble and Sinclair on grounds of I : irrelevance.
l .t 3 8/81 Gamble and Sinclair at Cummings '
- -l direction discuss CIA report with RIII. -
2' Keppler, Cummings, Sinclair & Gamble l
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- 'i conference call attempt to assuage Keppler's concerns about unfair
!l criticism. 2
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9/81 Lowenstein FOIA request.
! 6/30/82 GAP FOIA lawsuit.
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.. NUCLEAR REGULATORY COMMISSION -
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November 16,~1982
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MEMORANDUM FOR: Chairman Palladino i FRON's Martin G. Malsch'
- Deputy General Counse ,
SUBJECT:
INTERVIEW WITE THOMAS APPLEGATE
. On November 5,1982 Rick I,evi and I interviewed 2nomas Applegate with' regard to his August 16, 1992 letter to
,. g Cha h == Palladino and his allegations concerning Jim ,
i . C - 4ngs. Two attorneys representing Applegate, Lynne
- Bernabei and Thomas Devine, were also present.. A detailed .
report of that interview is attached. Thht report merely recites Applegate's and his attorneys' statements. OGC's-
- understanding is that'the Consission wanted only a report of ..
/- the interview. OGC has therefore.made no ittemrY to verify..
or . investigate anf-of Applegate's statementai, nor has OGC ll
(- ~~
made any recommendations cin future commiss' ion actions in this matter. The following is a brief listing of i
L
- Applegate's essential allegations about Cn==4ngs: .
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(1) C' - 4ngs failed to appreciate the seriousness ofgg g, Applegate's concer y .d brushed'Applegate off; '
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(2) OIA failed to monitor' adequately IE's second investigation at Zimmer.to ensure that all relevant
- evidence appeared in IE.'s report. Indeed, CIA had 1 .
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evidence showing that Cincinnati Gas & Electr.ic (CGGE)
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, d . ', managensedt knew of the problems at Zinmer but OIA did. Mo*
.( Y not pr' ovide this evidence to IE until IE's report was
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- aJmost_cpmplete.'/ It's report failed to reflect that vug 'evideh'ce an'd'OIA knew that NRC's public statements 1~ l
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regarding the lack of CG&E management involvement verb 4 i g< .W ~ig, [ .
' false or misleading; (3). IE and Applegate established groun . es for h/T conducting IE's second. investigation,.such as interviewing all witnesses under oath, but these'.. \b'i(
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ground rules were not followed, and CIA in its rev.iew n ..%
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function and in its cooperation with II should have
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. (4), CIA i improperly sus ed its investigation of l
' wrorgdoing at 3 and requested the U.i~. Attorney to
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.~. halk.his criminal investigation because of a concern -
that'the II safety investigatioh would be impeded even M
- though IE had in fact stopped its activb irrestigation, -
- thus allowing the subject of the investigntion to
- continue its practices and.to. cover its tracks.-
Bowever, there were no allegations th'at DIA withheld information from the U.S. Attorney's office; -
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(5)~ IE diverted resources to investigate Applegate f (Applegate stated that he had a ' personal feeling that.
OIA might have had an. influence here but that.h6 had no - -
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support for this feeling); ,
q.Cc . g. , . . .(6)" The CIA' report wak improperly edited to: delats ' critical -
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. information regarding CGEE management involvement and
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possibly also to delete comments that sere critical of
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IE. .
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Except for item (1) all the allegations concern CIA rather than C - ings himself. Applegate aind his" attorneys would
. attribute the other items to 0-4ngs becaiuse he heads CIA.
Applegate also stated that a confidential. source told him .,
that,c - ings was directly involved in these matters.
. ~ ,
Attachments:
- 1. Report of interview
- 2. Applegate's August 16, 1982 letter cc: commissioner Gilinsky .~
. commissioner Ahearhe
' Commissioner Roberts L . ,
. . Commissioner Asselstine l
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- Intervi*ew of Thomas Appledte -
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Thomas.Applegate was interviewed'on November 4, 1982 by i
Martin Malsch and Richard Levi, oGC, regarding his August 16,
, .g. .
.' 1982 leEter'to Chair ==n Palladino (attached) . . Also present at this interview were Thomas Devine and Lynn Bernabei, attorneys representing Mr. Applegate.
~
Applegate initially stated that the. allegations in his ,
August.16, 1982 letter that NRC employees lied to him and . . .
j '..... attempted to deceive him in.an attempt th cover up problems.at
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'Zimmer were not directed solely at Jim Cummings. He was,also 4 ' concerned that strong enforcement action like.lican'e .
s revocation
. was warranted with regard to Zimmer. Pursuant'to our request,
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however, the discussion was limited to allegations regarding .,
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Applegate stated that he first contacted C+4ngs beginning
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about January 1980 and that h's spoke to Cn=4ags on several ,
occasions.over a period of 3-4 weeks Applegate stated that' . .
these conve'rsations were quite frustrating in that Cummings'did not seem to appreciate the seriousness of the matter. Applegate further stated tha.t in his last conversation with Cummings L - dur'ing this time period Cumings told Applegate that he was tired df'.these phone calls and that if ,Applegate had any
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concrete evidence he should submit it in writing. Applegate stated that he regarded this as a. rebuff and went to .
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then-Chairman Ahearne, who subsequently directed
. .a -- . 4 f'l investigate the matter.. *
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Applegate stated that he has had no otherLdirect dealings s
with C=-4ngs. Applegate stated his ' belief that C - ings in J
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1980 wrote.him off as a kook spouting'information that just couldn't be true'. Applegate further believed that C"=4ngs felt I " stepped on" when the Commission directed Cn=4ngs to conduct an
' investigation which he had earlier refused to conduct. If
(
l Applegate stated that he.did have some 4nA4Pect contact
. with c-ings in early 1981 when the NRC - .
- stated that the..Marit
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.l'" ~ System Protection Board (MSPB) did not have jurisdiction over II Applegate's allegations and Ca -ings.was put in charge of
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investigating the adequacy of the NRC investightion. , App' legate
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stated that he did have dir'act dea' lings with"dIA people , . . .
3 regarding the IE investigation.beginning in e~a'rly 1981. . .
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At this point both'Devinsf. Bernabei and Applegate .
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contributed substantially to 'the interview, with,Devine taking
.:3-the' lead. According to them in January or February, 1981, there
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was a mee'. ting at which the ground rules were het for Region III
' <: rtoradoorupdatetheearlierinvestigation.IdThey stated that
' 6 Davis,-Warnick, Streeter,
,4 attending,tsismeetingvereKepple. ~
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A transcript
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~ Ted Gilbert, Art'Schneblen, McCarter, and Barrett.
was'made of this meeting. They stated that these ground rules i werenotfollowedduringtheinvestigation.fTheystatedthat
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OIA had.either agreed to or given silent consent to the ground-A c _..... .
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.. Applegate referred to the GAP petition for enforcemenii. ils of I i '0 N action at Zimmer now pending.before Staff for deta
- , 'C - tihese-dealin'gs._with O==4ngs. --- .
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.D .d:; .' rules ('and that they.were surprised at the time that DIA did not overses'the reinvestigation to asshre conformance with the ground: rules. They now conclude that. CIA was probably acting in
' consort with IE on the reinvestigation,and had probably agreed that IE need not follow the. ground rules. They listed four (1) all interviews were to' i . .
. ground rules that.were not followed: ,
l .' be taken in sworn affidavits; (2) all sworn affidavits were to be included in Region III's final repo,rt[- (3) weekly reports on i -. c .. ... . .
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'the. progress.of the investigation were to be given to Applegate;
.Y. and 44). if there were discrepancies between information .given by ,
Applegate and that given by sources he. named, .
i:he NRC was to ,
conduct a joint " interview of Applegate 'and the; source. . .~
^*
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Applegate s.tated that all interviews were not:taken in sworn r' ,
affidavits; all the affidavits'were not included in Region'III's reports.the weekly progress reports to Applegate stopped in -
mid-1981; and no joint interview's were, conducted even though .
there were major ILiscrepancies between Applag' ate's information
) '
and what his sources told the NRC.
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They next stated that OIA failed to provide Region III with
\-
- evidence in CIA's possession in ti:ne for inclusion in Region.
~
( III's report. Specifically, they stated that OIA had interviews .-
I' .of Schwers.and Giddings and a memo fromCG&E to Kaiser stating' ,
1
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- that Kaiser QA was no. longer to do preoperational systems '
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2 testing. They stated that these items directly contradicted the q
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IE finding'that CG&E management did not know what was going on -
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.'at the site, but that Cunnings did not _ send them to IE (Bert l "- -
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Davis)~until November 18, 1981, when"the Region III report was ' ' *
. nearing completion and it was too late for them to be included.
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They stated that the Schwers interview was attached as'an swhibit to the .IE Reporti but was not mentioned in the text, and ,
thatbeitheroftheotherdocumentsappearedatall. They
[
stated that these two interviews and tho' memo directly ,
.~ ,
contradicted the November 24 public statements by t2ie NRC Region III that CGEE management was unaware of the problems at the j .,' site, and,- although they cotild not remember if .6IA actively t have been aware L= participated in the public statements, DIA mus
. of them. There were nuinerous talks. bet' 'ween Bert Day"is 'and CIA .-
about their para'llel investigations', and that!vith such close -
. cooperation OIA and IE each had to kn6w what the other was ..
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Thus in their view both' OIA and Rsgio,n"' III gave a N ,,
doing. -
deliberately misleading indication.that'CG&E management was not s
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aware of t])e problems at the Zimmer site., Devine stated that at
(
l this point he talked to C - 47gs, whose only concern was that . ~
..s o m e o n e ' in CIA might be leaking information.
f i .
Devine alsg'suggesked that'the Sch'ers w interview.was .
conducted ~undet strained conditions and that the NRC should look '
into the conditions of that interview and whether Cummings .
Devine also stated'that the Schwers
~
' dictated'those conditions.
'.C 'inteiview was the most critical interview of the investigation .
I u'p to Ehat' point. . ..
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! [ " '.. .n. .J.,[Applegate
' then resumed the role as lead speaker. He stated
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.- . that approxiinately'in April,1981 'the CIA investigation of I
.,- wrongdoing ceased (the Schwers interview was apparantly OIA's last interview), and at about the"same, time the' Region III investigation changed course, and th'at'this appeared to be more l ,
t,han a coincidence. With regard to the he,gion III
. investigation, Applegate explained that it changed course by
- shifting' to an attempt to discredit Applegate,e.g. , by - '
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d'et'emining whether he had svar been in a' mental .i'nstitution or
! wheth'er.he was a sexual deviate. Applegate stated that ,
investigators were pulled off serious investigative concerns'and .
.. ,put into'investi' gating ~Applegate.
App 1'egate s,tated that- -
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u McCarten pwho was to give him weekly investigative reports, to14 W
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( him that he couldn't do so anymore because Applegate wais to be ,
Applegate stated that his former emolayer.
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investigated. -
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landlady and members of his f==41v told him that they had been -
in+=rview=A'=hnut Anoleante. Applegate further stated that.he I had a, personal feeling that oIA might have had some influence ,
(
)
over tfie shift in.the focus of the Region III investigation but that he had no evidence to support this feeling.
~
Applegate stated OIA's parallel investigation of' record s - ~
L- . falsification and other wrongdoing stopped at about the same time that the IE investigation changed course. Applegate stated .
that-oIA requested the U.S. Attorney's office to put its r
- criminal investigation on hold because of a belief that it might
',.. affect:the IB safety investigations. Applegate stated that it
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I ' appeared that OIA wais doing a criminal investigation for both ..
. . NRC and the: Justice' Department (DOJ) , and that halting the,0IA investigation appeared to be a matter of heavy-handed deference by'OIA to IE so hs not to interfere in the IE investigation.
However, Applegate state'd that the IE investigation was dcrmant ,
from July, 1981 to April, 1982, so there'was nothing.for the U.*S. Attorney or CIA to interfere with. Applegate. stated that from July'1981 until June 1982 when tho'U.S. Attorney opened its a.
i criminal investigation the targets of the investigation were '
( .., , -
running t.he QA programs,'and that DIA inexcusably let the ,
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- situation'get out of control. Applegate concluded.that OIA had to know it was aillowing tho' target's of* an investigation-to: cover .. ..
their tracks. ,
. Applegate added that on Au. gust 1,1980 hd met with .
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representatives from the U.S.' Attorney's office gnd Region III ,
' 'and that he alleged that criminal activit'y was occurring'even as Region III investigators were conducting h eir investigation. ~
.Applegate asserted that DOJ stated that it was ready to investigate criminal allegations should'the NRC determine that
- the're were any., a'nd uhat OIA was lax in not-looking into l Applegate's allegations or referring the matter pronptly to DOJ.
l S. Applegate also stated that McCarten sta'ted that OIA.was )
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inve'stigating whether CGsE directed records falsification and
'l that record falsification was outside the scope of'the IE ...
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investigation. This led to.a confusing situation where OIA was
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. both investigatd.ng Zimmer and monitoring'IE.'.
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Devine stated that there was no specific evidence about c - ings, except that the memo from,OIA to IE enclosing the -
l Schwers,' interview was signed by C"==4ngs. Devine also stated l that he could not believe the investigators were responsible for ,
the situation because they were professio'nals.1 Applegate s'tated
[7- that a confidential source told him that Cummings had a direct *
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However, there"was no' concern -
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h at OIA or C" dings withheld any information from the U.S.
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'. Applegate next stated that' the November l'.981 OIA . report was
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censored. Applegate stated (and showed us) that*a draft of the
'0IA report, contained an interview with Terry'Harpster but that .
this interview was dropped from the. final repbrt. Devine arid Applegate stated that the substance of this interview was .
essential to the report. Devine pointed out four examples of the importance of this interview: (1). Harpster tried to alert 7
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1 CG&E personnel and NRC personnel about a QA breakdown from 1977-79,'which was relevant to oIA's re' view of the Phillips' i . investigation; (2) Harpster stated that CG&E was in a race to demonstrate that a high percentage of the plant was' complete in d
. '. . order to get finan $:ing and this led to inevitable har ware
- - problems, which directly contradicted Keppler's statement that .
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there was. only a paper problems (3) Earpster's description of - - -
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(4) Harpster stated that plant managers were afraid to go in the .
field because of drunkenness, violence', and the number of felons [.which contradicted the hRC finding that there was no ,
sdbstantial evidence on this point. We were referred "to.
Sincled ? and Gamble;, two OIA investigators working on kimmer, g
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,.for' details of this censorisg.
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Dev$ne also stated that it is possible the OIA report was
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censored regarding inadequate IE investigations and . .
i investigation procedures. Devine' stat'ed that attachment 10 to.
the CIA report was a training program for IElihspectors and j
investigators, but thhre is nb p, -reference to IE"tr.aining
.. in the text of the report. Devine s'ugg,ested that a critical discussion - .
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'of IE proc,dures e and investigations may.dava been deleted frop 1
the final report because it would have opened CIA to criticism e
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-from IE that OIA did not understand IE procedures. .
D'avine and,Applega'te concluded by stating the CIA .
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In their view.C"==4ngs' conduct h'as fostered the idea that f-t did.
white-collar violations of the Atomic Energy Act aren't taken
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seriously. They also stated they would not discuss their l
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problems with C"==4ngs' response to their Freedom of Inf'oi at
[r h hould be done through 4
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(Ronorable Nunzio J. P=11=dha .
h i6/82 m
(.d.earRegulatoryConinissi6n .
7 .
1717 K Street N.W. .
}fashington,iD.C. 20545 '
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Daar Mr. P=11=dino, .
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.It has come to my attention that the, Nuclear Regulat'ory . . .
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tempted' .ssion.and ~
to deceive membersme in, that of Iit'.s. believe. stafftohave be, an liedytoattempt me and hav 1.to cover up the seriousness of the problems at the Wm., H. .Zimmer.
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gc: clear Power Station located in Moscow. Ohio.
. " For this reason I am' hereby informin, g you ;that' 'niy co.C .. . -
. dpdration with the' tommis. sion and/or memb'erir .*5f it's' staff 'is .at
'n ends. e'ffectiv.e'immediately. Pu:qthermo$ e', I i$ tend to bring these
, iters to .the at'tention of the Ad=4nistration and the' Congress. ,
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- '. . dienppo:nled '
, . I am deeply,'A&s.sape4eted that. say eff' r.tsj as well as those c o
,cf others, haya been wasted on deaf ears. :" ,,..
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% .. Sineprely Yours; m, h, .
g- ,.
Thomas W. Applegate, Jr.
ces James K.. Edtrards, Sec...: .. : -
. *. t U.S. Dept. of 2nergy . , , ,
Hon.-John Dingell, Chrm., .
Energy and Commerce Committee, ,,
U.S. House of Representitives - - -
~
8/36..To 01A'for Appropriate Action...Cpys to: Chm; Cars,01.EDO,0CA
{ 3 CMU-
, OPA... 82-0851 ..
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- September 20, 1982 -
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,Mr. Thomas.Applegate l
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[
3650 Woodbridge Road " '
l r .Colinnbus, Ohio -
43220 -
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' bear Mr. Applegate's -
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k Tsur. July 16,1982, letter to Cha4 = = Palladino containing cliegiations of wrongdoing on the part of the U.S. Nuclear
, Jagulatory coan:ission and members of its staff has been Taferred to.my office. . ,
While your letter clearly. sets forth the', reasons for your . . .
dccision to have no further dealings with the Commission and/or members .of its staff,- I nevertheless want to assure you that, l
chdu15.you change your mind in th'is regard, my office would ~
, ssist you in gamedinpany ligi'timate complaint. ,
' ..V
- Sinc'erely, . ,
[ Origi=al sig=ef by ,,
sr.=ss J. c -'- s
- James J. ,cummings, Director . '
office of Inspector and , Auditor *
.bec T. Johnson, DOE
- l I commis.sion ,(5) ,
W. Dircks, EDO . l J. Fitzgerild, OI L. Bickwit, OGC ,
G. Cunningham, ELD l
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~C. Kammerer, CA
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' - J. Keppler, RO III
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- o UNITED STATES .
.! g NUCLEAR REGULATORY COMMISSION 3 = masamaron, o.c. zooms
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/l May 6, 1983 ).Y
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i MEMORANDUM FOR: [Jgglge Helen Hoyt, ASLBP Sebastian Aloot, OGC .
FROM: .Nunzio J. Palladino /
SUBJECT:
THOMAS W. APPLEGATE ALLEGATIONS i
b Please undertake art investigation into the allegations that are detailed in the November 16 1982 memorandum to me from Martin G. Malsch, Deputy I
1 .
. General Counsel, titled, " Interview wLth Thomas Applegate." The focus of your investigation should be whether or not the Director, OIA and that Office unde a good faith effort to carry out their responsibilities in this matter. -
i You are to report your findings to the Consnistion on or before June 30, 1983 with recomunendations.
b cc: Cossaissioner Gilinsky Comunissioner Ahearne '
j Consnissioner Roberts Comunissioner Asselstine i
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- 37042 Avon
- Lako Villa. Il 60046 June 29,1983 Hel en- F.sHoyt .
Admi.n'istrative Law Judge
~
U.S.' Nuclear. Regu1atory Commission '[gvIg Mailstop E-W 439 Washington, D.C. 20555
Dear Judge Hoyt:
On June 7, 1983 I was interviewed at your request concerning your investigation of irregularities in the NRC's Office of Inspector and Au'ditor 1981 investigation of another NRC investigation at the William H. Zimmer nuclear power station in Moscow, Ohio.
During the course of this interview, which was transcribed.
by a court reporter, I provided information relative to the 1981 OI A investigation. But I also used this forum to inform the NRC about mismanagement of other CIA investigations, partic-ularly the OIE investigation conducted at Zimmer in 1981. In light of recent congressional and 00J criticisms if;the"NRC investigative program, and due to the forthcoming ASLB decision whether to hold licensing hearings, I feel that the information I provided to you should be reported immediately to the. Commissioners and the ASLB panel on Zimmer. Also, as we discussed earlier I would like a copy of my transcript for my own records.
As you well know, I feel strongly that the testimony I gave would have a major impact on the decision to hold licensing hearings and perhaps trigger a wider investigation into Region III and OIA's handling of the Zimmer investigation from a safety l standpoint, and also why the NRC did not vigorously pursue allegations of criminal misconduct by utility and contractor personnel at Zimmer. This second issue is very significant for l the Commissioners in light of recent 00J criticisms of NRC's l performance in this area.
Thank you for your immediate attention to this serious matter.
Sincerely, f
p James B. McCarten cc: Commissioners Zimmer ASLB panel Julian Greenspun, 00J Cong. Udall, House Interior Comm.
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