ML20205S821

Discusses Formation of Panel to Prepare NRC Position on ASLB Hearing Contention 5 Re Effects of Alleged Intimidation & Harassment on Overall Qa/Qc Program.Completion of Panel Action Scheduled for 850131

ML20205S821
Person / Time
Site:	Comanche Peak
Issue date:	12/24/1984
From:	Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Cunningham G, Harold Denton, Deyoung R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE), Office of Nuclear Reactor Regulation, NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
Shared Package
ML20204J043	List: IA-85-153, Forwards Schedule of Contention 5 Panel Activities & Blank Deficiency Data Sheet (Dds).Preparation & Submittal of Dds for Review Areas Prior to Panel Discussions or During Briefing by Panel Members Requested ML20204J040 ML20205S780 ML20205S806 ML20205S815 ML20205S821 ML20205S835 ML20205S852 ML20205S884 ML20205S892 ML20205S910 ML20205S927
References
FOIA-85-153, FOIA-86-A-17 NUDOCS 8606120930
Download: ML20205S821 (19)

Text

'

Yk p un, UNITED STATES NUCLEAR REGULATORY COMMISSION l

WASHINGTON, D. C. 20665

(*.DT o*

DEC 2 41984 MEMORANDUM FOR:

Those on Attached List FROM:

William J. Dircks Executive Director for Operations

SUBJECT:

FORMATION OF PANEL TO PREPARE NRC STAFF F051 TION ON INTIMIDATION AT COMANCHE PEAK i

As the work of the Comanche Peak Technical Review Team (TRT) is nearing completion. the staff must evaluate all issues involving intimidation and harassment at Comanche Peak. The ASLB hearings, which have been in progress for three years and are expected to resume in February 1985, have resolved all cententions except Contention No. 5.

This contention concerns the Applicant's adherence to QA/QC requirements. As part of developing the staff position en this Contention, the staff must evaluate whether intimidation or harassment against employees or contractors occurred in the past or is now occurring, and make a detemination concerning the effects of any such intimidation on the overall QA/QC Program at Comanche Peak.

To properly evaluate the intimidation issue and to prepare a comprehensive staff position I am directing the fonnation of a panel, composed of senior managers drawn from yoar offices. This panel is to be composed of the following individuals:

JariesGagliardo.IE(Chairperson)

Jane Axelrad. IE James Lieberman OELD Dorwin Hunter, Region IV Because of their previous association with Comanche Peak regulatory activities, I am appointing the following individuals as advisors to the panel:

1 Broolrs Criffin. 01 Thomas Ippolito. AEOD Joseph Scinto, OELD Vincent Noonan, NRR Bruce Kaplan, EG&G l

The advisors may be asked to assist the panel when issues involving their specific area of expertise are being considered, and I request your support in l

making them available on an "as-needed" basis.

l The product of the Panel's effort will be a report similar to a SSER, that l

states clear staff conclusions regarding the occurrence of intimida-tion and harassment at Comanche Peak. The Charter for this Panel is provided I

as Enclosure 1.

The Charter provides the scope and objectives of the Panel l

but allows sufficient flexibility to enable the Panel to expand its scope, if l

e606120930 860602 f0/d'IA'63 ARDE

-17 PDR 8

s Those on Attached List The scheduled completion of the Panel's action is January 31, 1985.

I expect the Panel to meet at least once per week and more frequently, if necessary. provides a proposed milestone schedule.

The Panel will work under the direction of Vincent S. Noonan, Director of Comanche Peak Project, and should provide periodic status briefings to the Director of Licensing.

CD2E"3 L C.h William J. Dircks Executive Director for Operations

Enclosures:

As stated cc:

B. Hayes. OI DISTRIBUTION:

Panel Members Advisors Docket File 50 445/446 EDO Reading S. Treby B. Youngblood T. Novak

~

S. Burwell CPTRT JGagliardo 12/ /84

• See attached concurrence sheet

• • Nonconcurrence per Axelrad and Lieberman J

OFC ITRT

PD:TRT

DIR:DL

0 ELD

DEPDIR:NRR :DIR:NRR

EDO MME :RWessman:pf*:VNoonan *

DGEisenhut* :JLieberna#*:ECase*

HRDento#

WJDircks LATE :12/13/84

12/ 1784

12/17/84

12/ /84

12/17/84

12/18/84

12////84 0FFICIAL RECORD COPY

s Addressees List:

Harold R. Denton, Director Office of Nuclear Reactor Regulation Richard C. DeYoung, Director Office of Inspection and Enforcement Guy H. Cunningham, III.

Executive Legal Director Jack Heltemes Director Office of the Analysis and Evaluation of Operational Data James Keppler, Regional Administrator

. Regio,n III Robert Martin, Regional Administrator Region IV l

4 i

l

i 5

l ENCLOSURE 1 Comanche Peak Intimidation Panel Charter OBJECTIVES:

1 The objectives of the panel are:

i 1)

To determine whether intimidation or harassment against empicyees or contractors occurred in the past or is now occurring at Comanche Peak; 2)

To determine the extent of the above conditions if they exist (ed) and to identify the circunctances surrounding the events including the personnel involved, the duration, the reasons for its occurrence and the applicant's management corrective actions or recomendations for correc-tive actions.

3)

To evaluate any other indicators of poor management practices or attitude toward the identification and correction of quality problems.

PURPOSE:

The panel will provide as products:

1)

A position on the intimidation question to NRC upper management; 2)

Input to the Comanche Peak Contention 5 Panel. The Contention 5 Panel will determine the effects of any intimidation on the overall QA/QC Program at Comanche Peak.

(

j MEMBERSHIP:

+ James Gagliardo. IE (Chairperson)

., lane Axelrad, IE James Liebeman, DELD Dorwin Hunter, Region IV BruceKaplan,EG8G(Advisor)

Brooks Griffin, O! (Advisor)

ThomasIppolito,AE00(Advisor)

Joseph Scinto, DELD Advisor)

Vincent Noonan, NRR Advisor)

~

i 4

ACTION ITEMS I.

Define criteria for determining whether intimidation or harassment occurred.

2.

Conduct as appropriate a review of relevant data bases:

a.

EG8G report on intimidation (9/84) b.

Transcript of EG&G Intimidation Study Team briefing of NRC, applicant's, and intervenor's lawyers c.

Enforcement packages related to intimidation.

d.

Depositions related to intimidation and harassment.

(A summary will be sought or prepared as required) e.

Proposed Findings on intimidation (staff, applicants and intervenors).

l f.

Transcripts of current ASLB hearings related to intimidation.

g.

Office of Investigations reports on intimidation and status of outstanding allegations.

(B. Griffin should provide briefing on theabove) h.

Information on Department of Labor Hearings related to the subjects of concern.

3.

Interface with CP Contention 5 Panel routinely.

4.

Based on the above data and any other relevant data reviewed by the panel, develop a position which meets the stated objectives.

5.

Prepare an SSER on intimidation, and provide testimony as required at ASLB hearings.

l l

v.

ENCLOSURE 2 Intimidation Panel Schedule December January Initial Panel Meeting Obtain relevant documents Document Reviews Consolidate Individual (Developed by Panel, consistent views, Develop Fare?

with resumption of hearings at consensus the end of January 1985)

Prepare Panel Input to QA/QC Panel Prepare Panel Report on Staff's Position I

I

~~--------

4 p,a as;g'o, UNITED STATES NUCL EAR REGULATORY COMMISSION

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WASHINGTON, D. C. 20555

\\*****/

DEC 2 41984 g _ ggg5 a

MEMORANDUM FOR:

Those on Attached List

- ~ _.

FROM:

William J. Dircks Executive Director for Operations

SUBJECT:

FORMATION OF PANEL TO PREPARE NRC STAFF POSITION ON INTIMIDATION AT COMANCHE PEAK As the work of the Comanche Peak Technical Review Team (TRT) is nearing completion, the staff must evaluate all issues involving intimidation and harassment at Comanche Peak.

The ASLB hearings, which have been in progress for three years and are expected to resume in February 1985, have resolved all contentions except Contention No. 5.

This contention concerns the Applicant's adherence to QA/QC requirements. As part of developing the staff position on this Contention, the staff must evaluate whether intimidation or harassment against employees or contractors occurred in the past or is now occurring, and make a detennination concerning the effects of any such intimidation on the overall QA/QC Program at Comanche Peak.

To properly evaluate the intimidation issue and to prepare a comprehensive staff position, I am directing the formation of a panel, composed of senior managers drawn from your offices. This panel is to be composed of the following

(

individuals:

James Gagliardo IE (Chairperson) l Jane Axelrad, IE James Lieberman, OELD Dorwin Hunter, Region I M O

Because of their previous association with Comanche Peak regulatory activities, I am appointing the following individuals as advisors to the panel:

(

Brooks Griffin, OI Thomas Ippolito, AE0D Joseph Scinto, OELD Vincent Noonan, NRR Bruce Kaplan, EG&G The advisors may be asked to assist the panel when issues involving their specific area of expertise are being considered, and I request your support in making them available on an "as-needed" basis.

The product of the Panel's effort will be a report similar to a SSER, that states clear staff conclusions regarding the occurrence of intimida-s l

tion and harassment at Comanche Peak.

The Charter for this Panel is provided l

as Enclosure 1.

The Charter provides the scope and objectives of the Panel but allows sufficient flexibility to enable the Panel to expand its scope, if necessary.

g pf jg Al7

e O

.s Those on Attached List ~

The scheduled completion of the Panel's action is January 31, 1985.

I expect the Panel to meet at least once per week and more frequently, if necessary.

Enclosurc 2 provides a proposed milestone schedule.

The Panel will work under the direction of Vincent S. Noonan, Director of Comanche Peak Project, and should provide periodic status briefings to the Director of Licensing.

/

f fl William (J. DircksV%

)%%

Executive Director for Operations

Enclosures:

As stated oc:

B. Hayes, OI Panel Members Panel Advisors i

i i

1 Addressees List:

Harold R. Denton, Director Office of Nuclear Reactor Regulation Richard C. DeYoung, Director Office of Inspection and Enforcement Guy H. Cunningham, III, Executive Legal Director Jack Heltemes, Director Office of the Analysis and Evaluation of Operational Data s

James Keppler, Regional Administrator Region III Robert Martin, Regional Administrator Region IV i

s 8

l

O

~

ENCLOSURE 1 Comanche Peak Intimidation Panel Charter OBJECTIVES:

The objectives of the panel are:

1)

To determine whether intimidation or harassment against employees or contractors occurred in the past or is now occurring at Comanche Peak; 2)

To determine the extent of the above conditions if they exist (ed) and to identify the circumstances surrounding the events including the personnel involved, the duration, the reasons for its occurrence and the applicant's management corrective actions or recommendations for correc-tive actions.

3)

To evaluate any other indicators of poor management practices or attitude toward the identification and correction of quality problems.

PURPOSE:

The panel will provide as products:

1)

A position on the intimidation question to NRC upper management; 2)

Input to the Comanche Peak Contention 5 Panel. The Contention 5 Panel will determine the effects of any intimidation on the overall QA/QC Program at Comanche Peak.

MEMBERSHIP:

JamesGagliardo,IE(Chairperson)

Jane Axelrad, IE James Lieberman, OELD Dorwin Hunter, Region IV Bruce Kaplan, EG&G (Advisor)

Brooks Griffin, 01 (Advisor)

Thomas Ippolito, AE0D (Advisor)

JosephScinto,OELD(Advisor)

Vincent Noonan, NRR (Advisor)

l

~

ACTION ITEMS 1.

Define criteria for determining whether intimidation or harassment occurred.

2.

Conduct as appropriate a review of relevant data bases:

a.

EG8G report on intimidation (9/84) t b.

Transcript of EG&G Intimidation Study Team briefing of NRC, applicant's, and intervenor's lawyers c.

Enforcement packages related to intimidation.

d.

Depositions related to irtimidation and harassment.

(A e

summary will be sought or prepared as required) e.

Proposed Findings on intimidation (staff, applicants and intervenors).

f.

Transcripts of current ASLB hearings related to intimidation.

9 Office of Investigations reports on intimidation and status of outstanding allegations.

(B. Griffin should provide briefing on theabove) h.

Infonnation on Department of Labor Hearings related to the subjects i

of Concern.

3.

Interface with CP Contention 5 Panel routinely.

4.

Based on the above data and any other relevant data reviewed by the panel, develop a position which meets the stated objectives.

5.

Prepare an SSER on intimidation, and provide testimony as required at ASLB hearings.

l l

l l

1

. ~

t ENCLOSURE 2 Intimidation Panel Schedule December January Initial Panel Meeting Obtain relevant documents Document Reviews Consolidate Individual (Developed by Panel, consistent views, Develop Fare?

with resumption of hearings at consensus the end of January 1985)

Prepare Panel Input to QA/QC Panel Prepare Panel Report on Staff's Position i

er-cu Y

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1. ,...,'o,,

UNITED STATES 8

NUCLEAR REGULATORY COMMISSION o

5

-E WASHINGTON, D. C. 20555

%......o

'g, q, l

MEMORANDUM FOR:

Those on Attached List FROM:

William J. Dircks Executive Director for Operations

SUBJECT:

FORMATION OF PANEL TO PREPARE NRC STAFF POSITION ON INTIMIDATION AT COMANCHE PEAX

.As the work of the Comanche Peak Technical Review Team (TRT) is nearing completion, the staff must evaluate all issues involving intimidation and harassment at Comanche Peak. The ASLB hearings, which have been in progress for three years and are expected to resume in February 1985, have resolved all contentions except Contentien No. 5.

This contention concerns the App 1tcant's adherence to QA/QC requirements. As part of developing the staff position on this Contention, the staff must evaluate whether intimidation or harassment against employees or contractors occurred in the past or is now occurring, and make a detemination concerning the effects of any such intimidation on the overall QA/QC Program at Comanche Peak.

To properly evaluate the intimidation issue and to prepare a comprehensive staff position, I am directing the formation of a panel, composed of senior managers drawn from your offices. This panel is to be composed of the following individuals:

[...l

~

JamesGagliardo,IE(Chairperson)

Jane Axelrad, IE James Liebeman, OELD

- Bruce Kaplan, EG8G Dorwin Hunter, Region IV Because of their previous association with Comanche Peak regulatory activities, I am appointing the following individuals as advisors to the

\\ panel:4 Brooks Griffin, 01 Thomas Ippolito, AE00 Joseph Scinto, OELD Vincent Noonan, NRR t

The advisors may be asked to assist the panel when issues involving their specific area of expertise are being considered, and I request your support in making them available on an "as-needed" basis.

The product of the Panel's effort will be a report similar to a SSER, that states clear staff conclusions regarding the occurrence of intimida-tion and harassment at Comanche Peak. The Charter for this Panel is provided as Enclosure 1.

The Charter provides the scope and objectives of the Panel but allows sufficient flexibility to enable the Panel to expand its scope, if necessary.

(~

Po/A 45'-tKb A/7l

-- l

+

j i

Ek')

T4" '

Those on Attached List The scheduled completion of the Panel's action is January 31, 1985. I expect the Panel to meet at least once per week and more frequently, if necessary. provides a proposed milestone schedule.

William J. Dircks Executive Director for perations

Enclosures:

As stated cc:

B. Hayes. OI Panel Members Panel Advisors

.c

• • a

c. c n*

1

.i LJ j

Those on Attached List The scheduled completion of the Panel's action is January 31,1955. I expect the Panel to meet at least once per week and more frequently, if necessary. provides a proposed milestone schedule.

William J. Dircks Executive Director for Operations

Enclosures:

As stated cc:

B. Hayes, OI DISTRIBUTION:

. Panel Members Advisors Docket File 50445/466 EDO Reading S. Treby

(,

B. Youngblood T. Novak S. Burwell i

i l

l FC :TRT

PD:TRT

DIR:DL

0 ELD

DEPDIR:NRR : DIE:NRR

EDD l

l AME :RWessman:pf :VNoonan

DEEisenhut :JLieberman :ECase

HRDenton

WJDircks j

ATE :12/ /84

12/ /84

12/ /84

12/ /84

12/ /84

12/ /84

12/ /84 0FFICIAL RECORD, COPY

%me '

b2i 3 Addressees List:

Harold R. Denton, Director Office of Nuclear Reactor Regulation Richard C. DeYoung, Director Office of Inspection and Enforcement Guy H. Cunningham, III, Executive Legal Director Jack Heltemes, Director Office of the Analysis and Evaluation of Operational Data James Keppler, Regional Administrator Region III Robert Martin, Regional Administrator Region IV.

(h?.6.5 9

M er

ENCLOSURE 1

.r..,

Comanche Peak Intimidation Panel Charter OBJECTIVES:

The objectives of the panel are:

1)

To determine whether intimidation or harassment against employees or contractors occurred in the past or is now occurring at Comanche Peak; 2)

To determine the extent of the above conditions if they exist (ed) and to identify the circumstances surrounding the events including the personnel involved, the duration, the reasons for its occurrence and the applicant's management corrective actions or recommendations for correc-tive actions.

3)

To evaluate any other indicators of poor management practices or

~

attitude toward the identification and correction of quality problems.

PURPOSE:

The panel will provide as products:

1)

A position on the intimidation question to NRC upper management; t

.e~

2)

Input'to the Comanche Peak Contention 5 Panel. The Contention 5 Panel will determine the effects of any intimidation on the overall QA/QC l

l Program at Comanche Peak.

MEMBERSHIP:

James Gagliardo, IE (Chairperson)

Jane Axelrad, IE James Lieberman, OELD Bruce Kaplan, EG8G l

Dorwin Hunter, Region IV l

BrooksGriffin,01(Advisor) i ThomasIppolito,AE00(Advisor) l JosephScinto,OELD(Advisor)

Vincent Noonan, NRR (Advisor)

I 1

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. ~. - - - - *

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_____,,__.L_*'..

(".

1 ACTION ITEMS 1.

Define criteria for determining whether intimidation or harassment occurred.

2.

Conduct as appropriate a review of relevant data bases:

a.

EG8Greportonintimidation(9/84) b.

Transcript of EG&G Intimidation Study Team briefing of NRC, applicant's, and intervenor's lawyers c.

Enforcement packages related to. intimidation.

d.

Depositions related to intimidation and harassment.

(A summary will be sought or prepared as required) e.

Proposed Findings on intimidation (staff, applicants and intervenors).

f.

Transcripts of current ASLB hearings related to intimidation, g.

Office of I'nvestigations reports on intimidation and status of

.. c,

outstanding allegations.

(B. Griffin should provide briefing on

'~ ~ ? F.*

the above)

.n h.

Information on Department of Labor Hearings related to the subjects of concern.

3.

Interface with CP Contention 5 Panel routinely.

4.

Based on the above data and any other relevant data reviewed by the panel, develop a position which meets the stated objectives.

5.

Prepare an SSER on intimidation, and provide testimony as required at ASLB hearings.

9

?

r

~

~ - - - - - - - '

' ' ' ' ~ ' ' ~ ~ ~

~

i. ~~ ' n I

ENCLOSURE 2

• ~ -

Intimidation Panel Schedule December January Initial Panel Meeting Obtain relevant documents Document Reviews Consolidate Individual (Developed by Panel, consistent views, Develop Panel with resumption of hearings at consensus the end of January 1985)

Prepare Panel Input to r.$:' ;.

QA/QC Panel s....,

Prepare Panel Report on Staff's Position l

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