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* of Fice of THE June 8, 1983 33 JUN 9 A 8: 54
MEMORANDUM FOR: RICHARD C. DEYOUNG, DIRECTOR
FROM: James K. Joosten, Technical Assistan
Enclosed are copies of documentation which I have recently
I would like to bring to your attention two specific items.
If there is anything further I can do, please let me know.
Mr. GEJDENSON. Did you have somebody else in your office do that?
Mr. ROBERTS. No.
Mr. GEJDENson. You were not the source to whom George White was referring when he noted the need to protect his source within the NRC.”
Mr. Roberts. I wasn't the source.
Mr. GEJDENSoN. You were not the source?
Mr. Roberts. No.
Mr. GEJDENson. Do you think the leaking of information to a licensee, before that information is made public, warrants an investigation rather than a squelching of that information?
Mr. Roberts. I think any leak is a serious matter. I am not going to debate that at all. A leak is a serious matter.
Mr. GEJDENSON. Did you ever ask the recipient of the leak, George White, who sent him the memorandum?
Mr. RoberTS. No.
Mr. GEJDENson. Shouldn't that have been a basic part of the investigation?
Mr. Roberts. As I recall, I am not sure I knew George White in 1983.
Mr. GEJDENSON. But you knew at that point that when the issue was arisen and it was time to investigate it, you knew of George White involvement in this issue.
Mr. ROBERTS. That is correct.
Mr. GEJDENSON. And you didn't think it important to ask the individual involved where he got the information?
Mr. Roberts. Let me try to put my perspective on this, whether you agree with it or not. The leaked memorandum did not contain classified material, nor had it been marked for limited distribution. The memorandum basically noted that various New Orleans news publications had charged that the Waterford facility was plagued by quality assurance and base mat cracking problems and hence did not raise matters that the management would not have otherwise been apprised of.
My office determined that the document had been released pursuant to a FOIA request some time earlier.
Fourth, the matter was almost 2 years old. Given the resources of the Agency, in my view it would have been fruitless to pursue the matter further, and I would like to point out, I didn't make any secret about my conclusions or intentions. I informed the Chairman and my fellow Commissioners that I had inquired of my staff, and that I was satisfied that none of them had been responsible. And I believe—I believe—I told each of them that I intended to take no further action.
That is my best recollection.
Mr. GEJDENson. With hindsight, would you agree that it would have been more effective for an independent investigator to have questioned each of your staff, rather than simply collectively questioning them?
Mr. Roberts. Even today, I am not so sure it would have been an effective use of my resources to have it investigated further. I certainly would say, had I realized what was going to subsequently occur, in the light of hindsight I should have done something differently, but at that time and as the events unfolded, I did not see any need to pursue the matter any further. I knew I had not leaked it. I had confidence and trust in my staff. They convinced me that they had not leaked it. I saw nothing to be gained by pursuing it further. Mr. GEJDENSON. Didn't your belief that the leak was no big deal represent a change of heart on your part? Mr. ROBERTS. I am not sure I entirely understand. A change of heart from what? Mr. GEJDENSON. That was your original response. If you take a look at similar issues, just a year earlier, in August 1984 at a Commission meeting, there were discussions of the NRC using information obtained from former utility employees. Do you remember what you said? Mr. ROBERTS. No. [EDITOR’s NOTE.-Minutes from the August 1, 1984 closed meeting follow:]
-- Closed Meeting -- - - o [Exampt. 1 on 5 § and 7 I 1717 H Street, N. W. * Chairman s Con*. Rocm wasnington, I. C. -------t 1 , . ~81 na ulcanoni == 1 or net in : 1 nsed sessi -n, eco-vant - *:: * ~e, caginning at 3: o, a. m. , the Honorable Nunzia J. Fai 1 =dino, Chairman ot the Commission, presiding. Certisstäkers. FREEENI : Nunzio J. Fall adi no Chairman Thomas M. Rcberts, Commissioner -