NAME Dept./Support Area

1. Tom Cook Fire Protection PM

2. Jeff Edwards Nuclear Projects Manager
3. Allen Williams ESD Manager

4. Oscar Shirani New PM for EQ Project

References: 1. Oscar Shirani’s e-mails dated September 9, 2003 regarding Quality Awareness/risk

for EQ Project

2. Oscar Shirani’s e-mails dated September 9, 2003 regarding EQ Scope and status

5 minutes prior to the meeting, Allen Williams told me:

"Your god damn e-mail was totally inappropriate and I don’t appreciate this kind of garbage and nonsense that you put in writing to screw my EQ Program three weeks prior to the NRC’s Inspection". He added that "the CNS has done so much for the EQ and I won’t let you screw it with your god damn e-mail to everyone and not only your e-mail has pissed me off, it also has pissed off all the other managers and my boss Gary Kline and the QA Manager". I told Allen that the QA Manager had agreed with me on the phone. He said: "Kevin Billesbach is not the QA Manager and he is only a QA Supervisor and he was chewed up by Steve Blake, his boss why did he agree with you on the phone".

The meeting started with the Fire Protection issues presented by Tom Cook. Tom finished after 10 minutes and left.

Allen Williams started the communication by indicating that my e-mails from September 9, 2003 was not appropriate, especially when we know NRC is coming next month on October 6, 2003. When NRC feels that EQ QA Program is not in compliance with 10CFR50 App. B it will change their whole perception of the CNS QA Program and we cannot afford that. He added that Oscar e-mails were not appropriate. He added that the EQ Project Manager is still Tim Pospisil. He also stated that Judy Carter has opened up her big mouth and stirred everything and she has gone beyond her territory and spouned off everything and Gary Kline is not happy with her nosing around beyond her scope. He mentioned that he knows that CNS’ QA program is very weak and has not done the right things and their auditors are not good and their surveillances have not covered the areas that Oscar has pointed out.

He said that he agrees fundamentally with Oscar and he is in total agreement with the issues and concerns raised by Oscar, but he does not see it being appropriate that is in writing and at this crucial time that NRC is coming. He said we want NRC to come and bless the EQ program and cannot afford this kind of communication. He also mentioned that Steve Blake was very upset with the tone and communication that reveals that CNS QA Program is not in compliance with 10CFR50 App. B. He said all we are trying to do is to meet our commitment to the TIP/CAL Items and 10CFR50.49 and not bringing up any issues that would raise any flag with NRC.

I told Al Williams that I have been blamed for over communicating, but not under communicating. I stated that EQ Project is very important and complex and being subjected to repeated citation from NRC and we have failed to comply with Criterion VII of 10CFR50 Appendix B (Control of Items, Component, and Services), especially for design calculations, which are non-tangible items. I also said that contractors under the CNS QA Program do all the design calculations and our QA has not performed any audits of Design Control, Software Control/V&V, etc.

I also said that I am a kind of PM that would jump to fire to save CNS to do the right thing, but we have to comply with the appropriate regulations.

• On September 8, Judy Carter called me to find out if whether I was slapped by anyone for the two e-mails that I sent out and whether I have received any response from DED or ESD or not.

• On September 11, 2003, at 8:00 AM, Judy Carter called me again to find out what happened. She told me to go to the Employee Concern Program Office that I could freely talk to her. I told her that I would speak very low and whisper that others could not hear me. I told Judy about my meeting on September 10 with Allen Williams and Jeff and its content. Judy emphasized that I am doing the right thing and keep up with the project and play low profile. Judy told me that Allen Williams is afraid of the facts that I raised and was not happy to hear what Allen William told me before the meeting and the stuff that he talked about at the meeting.

As a result of the following e-mails and other e-mails that I had sent out, the Engineering Department Manager, Gary Kline who was the boss of Allen Williams, ESD Manager and Kevin Jones, DED Manager had assigned Kevin Jones to leave the DED and join the Nuclear Projects Department (NPD) to be my direct supervisor and terminate me. I had 16 Projects prior to these two e-mails and Kevin Jones and CNS NPD Managers removed 14 of them prior to October 16, 2003. From October 16, 2003, I was left only with two projects, Environmental Qualification (EQ) and Equipment Reliability Improvement program (ERIP). I was fired by Allen Williams in late October 2003 from EQ Project and Kevin and Jeff never told me whether they agreed or not. They kept silent. Kevin Jones terminated me on November 21 (effective November 30, 2003). The reason: Budget cut and I only have one project to do. My ERIP Project was fully funded by the board of NPPD’s Board of Directors and IMC and was an on-going and well-managed project. This excuse is absolutely nonsense. I was retaliated at least by Allen Williams, Kevin Jones, Steve Blake, Kevin Billesbach, and Gary Kline. I will pursue this as a Rico Act that at least 5 people were involved with misleading the NRC and retaliated against me for raising quality issues/concerns three weeks prior to the NRC’s nonsense inspection, which did not detect these issues. I was trying to help the CNS to address these issues just in case if NRC raises such issues/concerns. CNS would have received a complement from NRC if they followed to address my quality concerns, but the CNS staff knew that NRC is not at that high caliber to detect these issues. CNS did not want my e-mails to be read by anyone to notify NRC.

Since Cooper Nuclear Station (CNS) has removed my access to my computer prior to my termination date of November 30, 2003, I have a hard copy of my E-mail sent to the CNS Managers and I will type it below: (I expect that NRC subpoena all my records from CNS for their full investigation and verify these details)

From: Shirani, Oscar B.

Sent: Tuesday, September 09, 2003 11:57 AM

To: Jones, Kevin R. – DED

Changing the Design Bases (Implementation and Maintenance) for EQ at CNS resides with Design Engineering Department (DED). The EQ team, specially the Engineering Support Department (ESD) technical staff and existing Project Manager (PM) and I (new PM) do not have a clear expectation and understanding of the scope, project milestones, deliverables, and implementation of the EQ Calculations Status 3 vs. Status 1.

1. Roles and responsibility of DED and ESD and the PM’s expectations from both, with due dates and deliverables on a weekly bases.
2. Scope and Status of Deliverables including EQ Calculations that need to meet the TIP date on weekly bases.
3. Scope and Status of the required calculations that should be converted from Status 3 to Status 1 on a weekly bases.
4. Status of EQ Project every week and 7-day look ahead to update my management. We need to expedite this project to meet the deadlines and commitments. These will be rolled over into the monthly status reporting.

The QA Manager will be scheduling a 10CFR50 App. B Audit soon to perform a comprehensive audit of the EQ Project that had not done before. The audit will cover the sample of design calculations performed for High Energy Line Break (HELB), Post Loca Heat Up (PLHU), and Radiation. The past EQ Surveillances have not covered many elements of a complete 10CFR50 App. B Audit, including the design control processes and software Verification & Validation (V&V), etc.

I will be on your team, so plan on using me (or abusing me). I need to get the job done on time and in full compliance with the regulations. I am planning to obtain a NRC finding of"strength" and not a "finding" in this area.

So let’s do it. Please let me know which day of the week is appropriate for our weekly status meeting.

Thanks. Oscar

From: Shirani, Oscar B.

Sent: Monday, September 08, 2003 3:44 PM

To: Carter, Judy W.; Billesbach, Kevin R.

Judy:

Per your request on Friday September 5, 2003 and as an agreement between you and Jeff Edwards for my assistance for the EQ Project, I am forwarding the following awareness and/or my observation.

All I am raising is awareness. In any major project, you have to account for risk in the pertinent areas such as Cost/Budget, Schedule, Quality, etc. For simple clarity, I am not raising any findings or breakdown in the QA program for EQ project.

There are 8 risk areas identified by the EQ Project Plan Section 11.0, Revision 1. The following Quality Risk has not been identified in the Project Plan:

CNS is utilizing a suppliers that have no QA Program /or not using the suppliers’ QA Program, but the suppliers are working under the CNS’s QA program. Therefore, 10CFR Part 21 becomes CNS’ responsibility. CNS should verify and validate all the EQ Project’s safety related activities to be in full compliance with 10CFR50 App. B and ANSI N45.2 (and daughter standards), and ASME NQA-1 as endorsed per NRC Reg. Guides 1.28, 1.46, 1.152, etc.

This document was posted online December, 2003 by Russell D. Hoffman. For a complete guide to Oscar Shirani's allegations please visit:

http://www.animatedsoftware.com/environment/whistleblowers/OShirani/Oscar_Shirani.cfm