ML20113D950

Request for Admission of New Contention WB-3 Re Drug & Alcohol Abuse at Const Site.News Article Supporting Contention & Certificate of Svc Encl

ML20113D950
Person / Time
Site:	Harris
Issue date:	01/18/1985
From:	Runkle J CONSERVATION COUNCIL OF NORTH CAROLINA
To:	Atomic Safety and Licensing Board Panel
References
CON-#185-174 OL, NUDOCS 8501230270
Download: ML20113D950 (6)

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January 18; 1985 C

-u UNITED STATES OF AMERICA

'h NUCLEAR REGULATORY COMMISSION 22 pg,,

BEFORE Tile ATOMIC SAFETY AND LICENSING BOARD &r

(, k(!!':'i h fki:

' 'In the Matter of .

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s . Carolina Power & Light Company and )

Docket No. 50-400 OL

': North Carolina Eastern Municipal

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. Power Agency

)

(Shearon liarris Nuclear Power Plant)

. REQUEST FOR' ADMISSION OF NEW CONTENTION WB-3 (DRUG ABUSE DURING CONSTRUCTION)

Now comes the Conservation Council with a new contention based on various

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press. reports.of recently discovered incidents of drug and alcohol abuse at the liarris construction site.~ The new contention is as follows

WB-3 Drug and alcohol luse.at the Harris Plant is widespread (see.

,the attached' newspaper. article for details and bas'is). Construction workers under:the. influence of drugs are less able to follow proper.

procedures and - tech. specs - for the installation. of- electrical systems, e

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p'ipefitting, and other safety-related work. Applicants' management-Y J h'as'ifailed. to control- drug use during the construction and further, Lhas failed' tio reinspect all safety-related work ~done by known -

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Ldrug' abusers. -

-In: analyzing;the' factors which go to the admission of a late-filed contention,-liti becomes obvious that.- this contention ' hasc a direct. relevance ;

Eo safety and quality;;offconstruc't ion,'as well'as management's ability'to-fsupervise workers.on site. The factors are as follows:

- >1 Good 'eause for failure ; to : file on . time--the reported f acts ' that . drug abusefis' widespread onisite'was not(known until, January 10, 1985, when a.

Lreported, approached;. Counsel with the news which'was then reported in.the c

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Page 2 Raleigh NEWS & OBSERVER the next day. Prior to that, the Wake County (NC) -

Sheriff's Department was undertaking an undercover operation at the site.

2. Extent to which admission would boraden issues or delay proceedings-- ..

this issue has not been addressed so far in this proceeding and as such broadens (and necessarily so) the issues which need to be heard. The Sheriff's Department has previously cooperated ful'ly with the Applicants and Intervenors on security.

. matters; some of the issues were settled based on informal discovery and it is possible that that can happen in the discovery of this contention. There will .

be at lease one more hearing in this proceeding, on emergency planning and ,

possibly for the so-cal' "whistie blower" contentions. Lastly, with the recent. delay of the pla 's operation, litigating this contention sill not unduely delay the plant's operation.

3. Availability of other means to pro tect our interest--the Operating License is the best procedure to fully litigate this contention as it bears on the safe construction of the site. The Staff has so far not addressed this

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issue in any reports or analysis done so far.

4. Extent to which o'ther parties will represent our interests--none.

None of the other intervenor's ..cVe presented any contentions on this matter.

. 5. Ability to compile a' sound record--the contentio'n does not address overly complicated and technical matters but rather the Applicants ability to safely build nuclear power plants. Again, it is highly likely that the Sheriff's Department will cooperate in providing details of their investigation .

-of the Harris construction workers.

As such, this contention should be admitted.

Respectfully submitted, ll / A0

[ffW fd%Ak%(

/0ohn Runkle Counsel for Conservation Council of NC

- 307 Granville Rd., Chapel Hill, NC 27514 ,

~This is the 18th day of January, 1985.

Annamear 6 arrested in nuclear plant drug probe ~

By TODD C0!!EN man, the plant's administration caine. Ile said that, by a conserva. -

srve wnier manager, said in an interview. tive estimate, about 100 of the A two-month police undercover But Itindman said he did not 6,000 workers at the plant used .

investigation into the use of drugs know the specific jobs that had drugs on the site. The plant is -

at Carolina Power & Light Co.'s been performed by the arrested being built in southwestern Wake Shearon 11arris Nuclear Plant employcos and said the company County, culminated Thursdayin the arrest would identify their assignments.-

of six workers at the plant on drug The arrests were based on sales i charges. "If we find anything that indi- of drugs by workers to two 2

. cates a reasonable or prudent undercover agents-one from the CP&L views officialsthat Thursday said in use drug inter.

nt . person should go back and re- Shertif's Department and one -

check it, we will," he said. from the SBI.-of small amountsj the plant had not affected its safety because safety inspectors The Wake Sheriff's Department of the drugs involved, Cuyler L. '

and the State Bureau of Investiga- ~ Windham, assistant SBI djrector identified any faulty construction, regardless of the cause. tion conducted the probe after for narcotics, said in aninterview.

"If any work had been done by CP&L officials contacted the de- The total street value of all the any of these people that had not partment about possible drug use drugs involved was about $3,000, at the plant, Wake Sheriff John II, he said.

met our standards, that work Baker Jr. said in an interview.

would have been caught" under Major T.W. Lanier of the Wake Arrested Thursday at the plant, :

CP&L's monitoring program to Sheriff's Department said that which is scheduled to begin comi see that construction work met drug use at the plant was " wide- mercial operation in 19f4, were:

safety standards, William J.IIind- spread," mainly involving co- see ,tt page t&t O

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FSix: workers at Shearon Harbis arrested

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Continuedfrmn page ht ~. ,

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= James E. Lowery,28, of Lum. .v 3,T '

m ed I berton. Charged with possession ,

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with intent to sell and deliver C 4 p

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ii cocaine and marijuana and with c r" % 9 , 7 t. ..'

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sale and delivery of cocaine and marijuana. Bond set at $8,000.

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ith le .n d li 2 k M 'f Iist an of cocaine and hashish Bond set EiT MT W'iY C h MVMcMMr OQ.*-45*'SM3MQ((%@

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at $3.000. h. 6 T 5[ Q k w eM c

= Gordon T. Ilunt, 22, of lla. T.-@gNwWg., wm S 4.p.MN #M3d.eggL@{ " -

a; n- _g" r '@Ng%;g@. We gj ,

leigh. Charged with possession-

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CTCQMbh5 with intent to sell and deliver cocaine, sale and delivery of NJa h,'Mf;1ggMbygL kV '. i %fr

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y. yMs cocaine and misdemeanor posses-sion of marijuana, liond set at -

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$12m). $F mi  ;

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d <g%[,C @, @kg.ysyQgg$84@$

,}gg., g%g 2 1 gspf 4 g g yf4 cf , ^7]%g@g.ag@sm[h -c-%.

e Carl R. Campbell, 24, of f1 Ilartsville, Ala. Charged with pos- p%Q g fft.4,. . _w session with mtent to sell and m ssas gp _ign _ NA-e m sw .w.u n w. wmen deliver marijuana and sale and i delivery of marijuana. Bond set at Workers at Harris plant head for cars after shift change Thursday afternoon

. . most employees were unaware of arrests r.t plant that moming iendon II. Rawlings Jr., 29.

of Durham. Charged with posse +

p.m. in Wake Dutrict Court- basis and that dismissals oc. Daniel Ccn3truction in Decem-

• ion s with intent to sell and dJiiver methamphetamine (also knosyn Five nf the penple arrested w ere. curred when a segment of the* ber announced a similar policy, as " crystal") and sale and dehv. electrical i 'rkers employed by construction project was comp!ct. Ilindman took effect said. Ile said the policy Thursday.

ery of methamphetamine. Bond Davis Electr. Co. of South Carch-set at $1,500, na, liindman said, and the sixth ed'These particular people were Ilindman noted that the about a Dennis E. Deteyster, 37, of was, a pipetitter employed by not required to do the work we 6s00 people are employed at the Greensboro. Charged with posses- Damel Construction Co. of Green. need to do right now,

• he said, plant and that the two month sign yvith mient to sell and dehver ville, S.C., the major contractor Ilindman said CP&L contacted investigation resulted in only cocame and marijuana, sale and for the Harris plant. the Sheriff's Department late in eight warrants involving a small delivery of cocame and marijuana Hindman did 10M because "we had some activi. amount of drugs.

companies, Dam,not el or Davis,knowem- tywhich that would come up that would ""While it's unfortunate we an,d felonious possession of co- would have any arrests for drug came. played each of the arrested em- involve drugs." The company pe-Warrants also were , issued for ployces. r odically had conducted spot offenses, I don't view the drug two other workers at the plant.,  !!c sa.d i the company had not checks of employees' property, situation as being a major prob.

All the charges are felemes taken act, ion against the employ. such as lunchboxes if it had lem that's going to impact our except the marijuana possession ces. probable cause to believe drugs project," llindman said.

Meanwhile, ma move that were being used, Ilindman said.

He said he had no evidence that charge against llunt.

All six were placed in the Wake Ilindman said was unrelated to lie said CP&L also had a com- any safety inspectors at the plant County Jail. Jordan, Campbell the drug investigation,50 employ- panv. wide policy under which its were The using drugs. program in.

inspection and Itawlings were released .ces at the plant were let go emliloyees were asked to take a .

Thursday. Thursday,Ilindman said. He said urine test if company officials had volves several layers of monitor-First-appearance hearings for that construction work typically probable cause to think the em- ing construction, Ilindman said.

For example, he said, inspectors all six are sche _d.uled fur today at 2 employed people on a temporary ployees might be using drugs.

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orrdrugscharges H

? conduct spot checks and formal ~ ~ NRC to operate .it.L The federal -

inspections of entire systems and . Atomic : Safety , 'and Licensing :

' . of particular pieces of equipment.' Board, an agency of the NRC, is in that way,Ja single piece of . holding a series of. hearings to equipment' might be . Inspected- consider objections to the plant by

. three or more times, he said. ~ opponents of - nuclear power.

"I ha.ve a high degree of confi- Those hearings resume in June.

dence that anything that's not up Wells Eddleman of Durham,..

to quality gets caught and correc- one of those opponents, said in a ted," he said. ' telephone interview Thursday -

. As for the reason that plant that he did not have confidence in 3

! workers might itse drugs, Ilind- CP&L's safety inspection pro-

+ man said, "I just know that we gram, adding, "if the drug use is

. have 2 problem in society as a causing any defects to go in the I whole, and we're a reficction of plant - and a lot of other things

' that because we have people from cause defects - I don't have society." .

confidence that the (safety inspec-Sherwood II. Smith Jr., chair- tion) will' pick up those defects or man of CP&L , could not be . any other defects. They may or reached for comment. William E. may not."

Graham Jr., executive vice presi- In interviews with a dozen con-dent, said in a written statem'ent struction workers at the plant that company pohey " forbids the gate Thursday afternoon, most use of illegal drugs or alcohol on said they saw little evidence of plant property. Any time there is drug use on the job and several -

sufficient evidence to believe this indicated they would turn in their policy has been violated,it is dealt co-workers if they noticed them with in an appropriate matter. In using alcohol, drugs or similar this instance, we requested an stimulates.

investigation by the Wake County ,,I can honestly say I,ve never sheriff, s

! Charles A. Barth, an attorney seen any man use drugs, becaus,e i I C8" 8,88"f".you I'd turn him m if l for the U.S. Nuclear Commission h!d., I did, said a Wake County Regulatory in Bethesda, carpenter in his mid40s. "It's

• . said in a telephone interview that dangerous out there. It s danger.

the commission's safety inspec-

' tion program was ^ geared to find ousLike to usthe if he,s otheron11drugs.

workers, he

! problems, without regard to what i the cause of those problems is. If . declined to give his name.Several said their jobs would he endan-

! there are problems,our programs gered if they were identified in a and (CP&L's) programs are de- news story. -

signed to find those prob! cms." Twoof the12acknowledgedthat

' f(e added, "As far as I know.

(the Ilartis plant) is safely built. they had seen evidence of drug of the i The hearings and the inspections use on the construction job and workers sai none,d they

. i reports not indicate had used alcohol or drugs them-

- ! otherwise...do

' CP&L has obtained a permit selves while workimt.

from the NRC to build the liarris * *

• s plant.; Under federal law, the StatT writer Nash Hermfon con.

company must be licensed by the - tributed to this story. l

4 0 CERT,IFICATE OF SERVICE I hereby certify that copies of the Conservation Council's Request for Admission of New Contention WB-3 (Drug Abuse During Construction) were served on the following persons by deposit in the U.S. Mail, postage prepaid, or by hand-delivery.

James L'. Kelley Richard E. Jones Atomic Safety & Licensing Board Legal Department

.US Nuclear Regulatory Commission Carolina Power & Light

' Washington, D.C. 20555 PO Box 1551

. Raleigh, NC 27602 Glenn O. Bright same address Thomas A. Baxter Shaw, Pittman, Potts & Troubridge Dr. James H. Carpenter 1800 M Street, N.W.

same address Washington, D.C. 20036

• Docketing and Service (3 cc.) Robert Gruber .

.0ffice of the Secretary ,

Public Staff, Utilities Commission ,

US Nuclear Regulatory Commission PO Box 991 Washington, D.C. 20555 Raleigh, NC 27602 Charles A. Barth Dr. Linda Little

' Office _of the Executive Legal Director Governor's Waste Management Board US Nuc1 car Regulatory Commission 325 N. Salisbury St., Room 513 Washington, D.C. 20555 Raleigh, NC 27611 ,

Bradley W. Jones US. NRC--Region II

'101 Marrietta Street Atlanta, GA 30303 7

(}/% j) i<OstyV hh .

Daniel F. Read e PO Box.2151 Counsel for the Conservation Raleigh, NC 27602 Council of North Carolina 307 Granville Rd.

M. Travis Payne-Chapel !!ill, NC 27514

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R le h NC ~27605 .

8-A de St. s is the (( th day of January, 1985.

Durham, NC 27705 Dr.~ Richard D. Wilson 729 Ilunter' Street Apex, NC 27502

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