Headquarters Daily Report SEPTEMBER 27, 1995 *************************************************************************** REPORT NEGATIVE NO INPUT ATTACHED INPUT RECEIVED RECEIVED HEADQUARTERS û REGION I û REGION II û REGION III û REGION IV û PRIORITY ATTENTION REQUIRED MORNING REPORT - REGION I SEP. 27, 1995 Licensee/Facility: Notification: Duquesne Light Co. MR Number: 1-95-0125 Beaver Valley 1 2 Date: 09/27/95 Shippingport,Pennsylvania RI PC Dockets: 50-334,50-412 PWR/W-3-LP,PWR/W-3-LP Subject: STEAM GENERATOR LAWSUIT Discussion: On April 30, 1991, Duquesne Light Company filed a 300 million dollar lawsuit against Westinghouse Electric Corporation contending that Westinghouse knowingly supplied both Beaver Valley units with Steam Generators that would not last their 40 year design life. The steam generators used at Beaver Valley are Westinghouse Model 51 and 51M for Units 1 and 2, respectively. Duquesne Light alleged breach of contract, breach of warranty, fraud, negligent misrepresentation, and violations of the Racketeering Influenced and Corrupt Organizations Act (RICO). This case proceeded to trial on September 12, 1994. The district court dismissed Duquesne Light Company's claims of breach of contract, breach of warranty, misrepresentation, and violations of RICO. On December 6, 1994, the jury returned a verdict in favor of Westinghouse on the claim of fraud. On September 12, 1995, the United States Court of Appeals, Third Circuit, declined to reverse the judgements of the original district court as no merit was found in the issues raised by Duquesne Light. The results of this final appeal may have implications in the current litigation against Westinghouse by other utilities. This includes lawsuits raised by Commonwealth Edison and Houston Power and Light Company. Regional Action: This is for information only. Contact: Peter Sena (412)643-2000 _ REGION IV MORNING REPORT PAGE 2 SEPTEMBER 27, 1995 Licensee/Facility: Notification: Washington Public Power Supply System MR Number: 4-95-0120 Washington Nuclear 2 Date: 09/27/95 Richland,Washington Call from SRI to RIV Mgt. Dockets: 50-397 BWR/GE-5 Subject: INAPPROPRIATE BEHAVIOR BY EQUIPMENT OPERATOR Discussion: At approximately 1:30 a.m. (PDT), September 26, 1995, a nonlicensed equipment operator (EO), in the mezzanine of the high pressure core spray system (HPCS) pump room, dripped nonradioactive water on a fire watch who was passing by. The fire watch, believing the water could be potentially contaminated, notified the shift support supervisor. The shift support supervisor and a health physics technician responded to the scene. Upon arriving at the HPCS pump room, the EO informed the health physics technician that he had intentionally dripped water onto the fire watch because she had intentionally startled him earlier in the shift while he was conducting his rounds. The shift support supervisor informed the shift manager, who then notified the operations manager. The EO was counseled and returned to his duties. After leaving the site, the EO's protected area access was withdrawn and the EO was suspended until a thorough investigation of the issue was completed. The EO was brought back to the site on September 26 to undergo for cause fitness-for-duty testing. The licensee notified the resident inspector of the issue at approximately 10 a.m., September 26, 1995. In addition, licensee management informed the Regional Administrator. The licensee does not plan to make a press release. Regional Action: The resident inspector is following the licensee's investigation of the issue. Contact: H. Wong (510)975-0296 R. Barr (509)377-2627 _