ML20005F033
| ML20005F033 | |
| Person / Time | |
|---|---|
| Issue date: | 01/10/1990 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Pepperman D BLECHER & COLLINS |
| Shared Package | |
| ML20005F034 | List: |
| References | |
| FOIA-89-404 NUDOCS 9001120208 | |
| Download: ML20005F033 (6) | |
Text
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L v.s.fucLEAR ULATORY COMMESION Nuc f OM HtiULSI NUMBENE j g
FOIA - 7/HV#
G RtSPONSE TYPE g
RESPONSE TO FREEDOM OF Inh ^t LMPaarial
.g INFORMATION ACT (FOIA) REQUEST
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l g i 0 1990
- ueee DOCKET NUMstRIS6 ter oppkcomer REOutSTER AtebM 6.
PART 1,~ AGENCYdE16RDS RELEASED OR NOT LOCATED (See checAed boxes)
No egency recorde subject to the request have been located.
No additional agency records subsect to the request have been located.
rt Requested records are available through another public distribution program. See Comments Section.
Agency records sub ect to the request that are identified on Appendiales) l are already available for pubhc mspection and copyrng m the NRC Pubhc Document Room 2120 L Street N.W., Washington. DC 20555 Agency records subject to the request that are identifeed on Appendialesi are bemg made available for public inspecteon and copying in the NRC Public Document Room. 2120 L Street, N W., Washington, DC, m a folder under this FOIA number and requester name.
The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now beme mate available for public inspection and copymg at the NRC Public Document Room 2120 L Street. N.W., Washington, DC, in a folder undes this FOIA number and requester name.
Agency records subsect to the request that are identified on Appendiales) may be inspected and copied at the NRC Local Pubhc Document Room identified in the Comments Section.
Enclosed le information on how you may obtain access to and the charges for copymg records placed in the NRC Pubhc Document Room, 2120 L Street, N W.,
Washmoton, DC.
Agency records subrect to the request are enclosed.
y Records subject to the request have been referred to anothe(Federal agencylls) for review and direct response to you.
e You will be billed by the NRC for fees totahng 4 in view of NRC's response to this request, no further actson is being taken on appealletter dated No.
PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain informatKm in the requested records is being withheld frorn pubhc disclosure pursuant to the exemptions described m and for the reasons stated m Part 11 sections B, C, and D. Any released portions of the documents for which only part of the record is bemg withheld are being made avadatWe for pubbe inspection and copyng in the NRC Pubhc Document Room,2t 20 L Street, N W., Washmgton, DC.en a folder under this FOlA number and requester name COMMENTS 1
90011202Og 9001 W FDIA PDR PDR PEPPERMe9-404 SI UNE, DIRECTOR IVISION F REEDOM OF INFORMATION AND PUBLICATIONS SERVICES J
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NRC FORM 464 IPart h o t-so
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FREEDOM OF INFOR'MATION ACT RESPONSE FOIA NUMBER (Si FOIA - U-V#
DMAN 101990 PART 11.8-APPUCABLE EXEMPTIONS.
(
f' Records subject to the request that are described on the enclosed Appendix (es) are being withheld in their entirety or in part under the '
.Exernptions and for the fessons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.17(a) of NRC Regulations..
i 1.The withhr informaton is property classified pursvent to Executive Order (EXEMPTION 11 7
- 2. The withheld informateon relates solely to the intamal personnel rules and procedures of NRC. (EXEMPTION 21 l
3, The withheld information is specifically exempted from public disclosure by statute indicated: (EXEMPTION 31 Sections 141 145 of the Atomic Energy Act which prohibits the disclosure of Restncted Data or Formerly Restncted Data 142 U.S C. 21612165).
Section 147 ef the Atomic Energy Act whsch prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167).
- 4. The withheld information is a trade secret or commercial or fmancial information that is being withheld for the reason (s) indicated. (EXEMPTION di The information is considered to be confidential business (proprietary)information.
The information is considered to be propnetary information pursuant to 10 CFR 2.790tdl(1).
The information was submitted and received in confidence pursuant to 10 CFP 2.790(d)(21.
M
- 5. The withheld mformation consists of interagency or intraagency records that are not available through discovery during litigation. IEXEMPTION 5L Apphcable Pnvilege.
Dehberative Process: Disclosure of predecisional mformation would tend to anhibst the open and frank suchange of ideas essential to the deliberative process.
Where records are withheld in their entirety, the facts are mentncably intertwined with the predecisional mformation. The<e also are no reasonably segregable f actual X
portions because the release of the facts would permit an andirect mouiry into the predecisional process of the agency.
Attorney work product privilege (Documents prepared by an attorney m contemplation of htigation 1 Attorney -client pnvilege (Confidenteal communications between an attorney and his her client i
- 6. The withheld 6nformation is exempted from pubhc disclosure because rts disclosure would result m a clearly unwarranted invasion of personal privacy. IEXEMPTION 61
- 7. The withheld information consists of recoriis compiled for law enforcement purposes and is bomg withheld for the reason (s) mdicated. (EXEMPTION 71 -
Disclosure could reasonably be espected to anterfere with an enforcement proceeding because it could reveal the scope. direc*..on, ar.d focus of en.
f orcement ef forts. and thus could possibly allow them to take acten to shield potential wrongdoing or a vdaten a NRC requirements f rom mvestigators E XEMPTION 7 IAD Disclosure would constitute en unwarranted invasion of personal privacy (EXEMPTION 71Cil The mformation consists of names of individuals and other mformation the disclosure of which could reasonably be exoected to revealidentities of confidential sources (EXEMPTION 7 tDH OTHER PART 11. C-DENYING OFFICIALS Pursuant to 10 CFR 9 251bl and or 9 25 ici of the U S Nuclear Regulatory Commission regulations, it has been determined that the mformation withheld is exempt frorn production or disclosure, and that its production or disclosure is contrary to the public mierest The persons responsible for the denial are those officials identified below as denymg officials and the Director. Division of Freedom of Information and Publications Services. Office of Administration and Resources Management. for any dwals that may be appepr d to the Enocutive Director for Operations IEDOI e
DENylNG OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL SECRETARY EDO 4 %=&,L M
P,/
x A. H.
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PART ll. D-APPEAL RIGHTS The denial by each denying officialidentified in Part Il C may be appealed to the Appellate Officialidentified in that section. Any such appeal must be in wnting and must be made withm 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commissaan.
U.S. Nuclear Regulatory Commission, Washington, DC 20555, and ohnuld clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision.'
l NRC FORM 434 (Part 2)
U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE CONTINUATION
Ret FOIA-49-404 APPENDIE D RECORDS MAINTAINED.AMONG PDR. FILES NUMBER DATE DESCRIPTION 1.
1/17/89 SECY-89-010 " Advance Notice of Proposed Rulemaking, ' Acceptance of i
Products Purchased for Use in Nuclear Power Plant Structures, L
Systems and Components'" (122 pages) (ANO 8901260312) l i
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Ret POIA-89-404 APPENDII E F
RECORDS. BEING. PLACBD. INT 0_THE..PDR_UNDER.TRE_ hBOVE.. REQUEST NUMBER HERREE DATE DESCRIFTION
- 1..
Undated Draft Advance Notice of Proposed Rulemaking " Acceptance of Products Purchased for Use in Nuclear Power i
Plant Structures, Systems and Components" (24 pages) 2.
Various Investigation Status Record Q1 005 (3 pages) 3, 2/5/86 OI Response / Status to Request for Investigation (1 page) 4.
2/21/86 Memo for R. K. Christopher from E.
C.
Gilbert re: Request for Investigation of Telemecanique Regarding the Possible Falsification of Certificates of Conformance (1 page) 5.
3/3/86 Facsimile Request to J.
Hunt from Wanda (1 page) 6.
3/11/86 Investigative Work Plan (3 pages) 7.
4/27/87 Letter to G. Kline from C. W. White re: Request for documentation (1 page) 8.
2/12/88 Memo to V.
Stello from C. W. White re: Administrative Closure of Case Number Q1-86-005 (Telemecanique/ Suspected Falsification of Certificates of Conformance for Motor Control Centers Supplies to Various Nuclear Power Stations) (1 page) 9.
2/12/88 OI Report Q1-86-005, "Telemecanique: Suspected Falsification of Certificates of Conformance for Motor Control Centers Supplies to Various Nuclear Power Stations (3 pages) n-.-
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10.
1/25/88 Memo to R. A. Fortuna from W. W.
White re Adminsitrative Clousre of OI RI Investigations (1 page) (THE DELETED PART OF THIS DOCUMENT IS OUTSIDE THE SCOPE OF YOUR REQUEST) 13.
3/17/86 Memo for Case Files from R. A.
Matakas re: Contact with Joe Petrosino, VIB-(1 page) (THE DELETED PART OF THIS DOCUMENT IS OUTSIDE THE SCOPE OF YOUR REQUEST) 12.
6/1/89 Note to S.
Lewis from J. Guillen re: Draft NRC Bulletin No. 88-10, Supplement 1 with enclosed draft bulletin (5 pages) 1 l
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i Ret
.FOIA-89-404 APPENDIX F RECORDS TOTALLY WITHNELD NUMBER DATE DESCRIPTION & BIBMPTION 1
1.
Undated Handwritten note from E.
C.
Gilbert (1 page) EX. 5 l
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,i LOW OF F ICE s o
BLECHER & COLLINS
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-t a esoegss ena6 cceecesoch twtNTv.ciowtM rLOOm oil wtst sixtw statct LQs ANGCLEs, CALIFORNIA 9oo17
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September 14, 1989 P
FREEDOM OF INFORMATION Freedom of Information Of#icer United States Nuclear Regulatory Commission ACT REQ' JEST
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Washington, D.C.
20555 b
~M Attention:
FDIA Request Ret Freedo: of Information Act Reques,t,,
i Dear Sir or Madam Under the provisions of the Freedom of Information Act, 5 U.S.C.
4 552, I am hereby requesting access to the documents and materials identified in Exhibit "A" attached hereto.
If fees, if any, for searching fer or copying the records I have regoeste$ will exceed $1,000.00, please inform me before you fill the request.
If all or any part of this request is denied, please cite the specific exemption (s) or reason (s) that you contend justifies your refusal to release the information or materials and inform me of the appeal procedures available to me under the law.
I would appreciate your handling this request as quickly as possible and look forward to hearing from you within the 10-day period which the Act r'quirea.
If you have any questions, please contact me at the address or telephone number listed above.
Very truly yours, i
DONALD R.
PEPPERMAN DRP/dc Enc.
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EXHIBIT,"A" DEFINITIONS AND INSTRUCTIONS i
- 1..
The term " document" shall mean all written, e
printed, typed,, recorded or graphic matter, however produced or reproduced, of every kind and description, in whatever form (e.g.,
final and' draft versions) in your actual or constructive l-possession, custody, care or control, including without t
limitation, all writings, correspondence, letters, telegrams, notec, mailgrams, agenda, memoranda, inter-office communications, reports. forecasts, projects, analyses, working papers, charts, requests fer authorization, expense account reports, charge or l
~
' credit account. vouchers, calendars, appointment books, diaries, i.
drawings, graphs, photographs, sound reproduction tapes, data compilations from which information can be obtained or can be translated through detection devices into reasonably usable form, computer inputs or outputs.
The term " documents" shall include not only originals but also any copies or reproductions of all such written, printed, typed, recorded or graphic matter upon which. notations in writing, print or otherwise have been made which do not appear in the originals.
2.
The term " NEMA" shall mean and refer to the National Electrical Manufacturers Association, its merged or acquired predecessors, its entities, its subsidiaries, its affiliates, its divisions, its members, and all of its present or former officers, directors, employees, lawyers, agents, 1.
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- m invcstigators, rcprocontotivos cr eth0r par 0cns Geting cr 3
l purporting to act on its behalf.
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l 3.
The term "GE" shall mean and refer to General j
Electric Company, its merged or acquired predecessors, its
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entities,-its s,ubsidiaries, its affiliates, its divisions, i., eluding but not limited to its GESCO Division, and all of'its f
present and'former officers, directors, employees, lawyers, l
agerts, investigators, representatives or other persons acting or purporting to act on its behalf.
E 4.
The term " Westinghouse" shall mean and refer to
-l Westinghouse Electric Corporation, its merged or acquired L
predecessors, entities, its subsidiaries, its affiliates, its 3'
divisions, including, but not limited to its WESCO Division, and.
all of its present and-former of ficers, directors, employees, 1awyers, agents, investigators, representatives or other persons 9
acting or purporting to act on its behalf.
5.
The term " Square D" shall mean and refer to Square D Company, its merged or acquired predecessors, entities, its subsidiaries, its affiliates, its divisions, and all of its present and former officers, directors, employees, lawyers, agents, investigators, representatives or other persons acting or purporting to act on its behalf.
6.
The term "UL" shall mean and refer to Underwriters Laboratories, Inc., its merged or acquired predecessors, entities, l
its subsidiaries, its affiliates, its divisions, and all of its 1
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prosent and formar officors, dirGetors, cmployoco; inwy0rs; agents, investigators, representatives or other persons acting or I
purporting to'act on its behalf.
7.
-The term "Romac" shall mean and refer to Romac 6
Supply Company located in Commerce, California, its merged or-l l
acquired predecessors, entities, its subsidiaries, its affiliates,
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its divisions, and all of its present and former officers, f
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directors, employees, lawyers,-agents, investigators, representatives or other persons acting or purporting to act on.
its behalf.
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8.
The term "Genersl Circuit Breaker" shall mean and
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refer to General Circuit Breaker and Electric Supply, Inc. located J
in Arcadia, California, its merged or acquired predecessors, entities, its subsidiaries, its affiliates, its divisions, and all r
t of its present and former officers, directors, employees, lawyers, t
agents, investigators, representatives or other persons acting or l,
purporting to act on its behalf.
)
9.
The term "U.
S. Navy" shall mean and refer to the United States Department of Navy.
10.
The term "NAED" shall mean and refer to the
. National Association of Electrical Distributors.
11.
The term "NRC" shall mean and refer to the United
. States Nuclear Regulatory Commission.
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12.
The term " DOE" shall mean and refer to the United States Department of Energy.
r ;c 13.
The torm " NASA" chall m On end rofor to tho National Aeronautics and Space Administration.
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14.
The term "NUMARC" shall mean and refer to the r
Nuclear Management and Resources Council.
L I
R15. - The. term " circuit breaker" shall be construed to if p
.mean any molded case circuit breaker designed for residential, j
b commercial ~or governmental use, and'shall include any circuit-I F
breaker: components or circuit breaker parts separately' offered for sale or sold by a manufacturer'.
16.
As used herein the term " obsolete circuit breaker" i
is a circuit breaker that the manufacturer is no longer producing p
es new.
t 17.
As used herein the term " recondition" shall mean opening the case of a circuit breaker, removing the backshield of a circuit breaker, modifying the external configuration of a i<
circuit breaker, making internal modifications to the circuit breaker, repairing or replacing component parts of a circuit breaker,'or adjusting the calibration of a circuit breaker.
L 13.
The term " person" means any natural person, corporation, partnership, association, business trust or other T
form of legal entity.
19.
The term " communication" shall include but is not limited to oral communications, correspondence, memoranda, reports and records of telephone calls and reports of meetings.
y 20.-
Etch ' of tha dofinitieno cb;vo cnd GOch of Ith3 i
instructions below is hereby incorporated into each of the
- g requests to which it may pertain.
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21.
In producing these documents, you are requested to L
furnish all doeuments. known or available to you regardless of
!i h
whether these documents are possessed directly by you or your e
agents, employees, partners, representatives, investigators, or by t
your attorneys-or their agents, employees, representatives or o
L investigators.
I 22.
If any of these documents cannot be produced in full, produce them to the fullest extent possible, specifying clearly the reasons for your inability to produce the remainder i
and stating whatever information, knowledge or belief you do have concerning the unproducei portion.
23.
If any documents or things required were at one time in existence, but are no longer in existence, please so' state specifying for each document or thing, (a) the type of document or thing, (b) the types of information contained thereon, (c) the date upon which it ceased to exist, (e) the identity of all persons hsving knowledge of the circumstances under which it ceased to exist, and (f) the identity of all persons having knowledge of who had knowledge ef the contents thereof.
24.
With respect to any documents called for by this Request but withheld due to any claim of privilege, list for each t
such document: _
" rc: -
a.
'The document request to which the document is-otherwise responsive;'
b._
Its title and. general subject matter; c.
.Its date;-
d.
The name(s)land title (s) of its authors or n
1 preparer;
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e.
The name(s) and title (s) of the person (s) for whom it was prepared and all persons to whom it was!sent or shown; and
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f.
The nature of the privilege claimed.
p 25.
If you assert a privilege as to a portion of'any category of the materials described, please produce the remainder L
of that category as to which you do not assert a privilege.
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26.
The terms "and"'and "or" shall be construed either disjunctively or conjunctively so as to bring within the scope of L
this Request all documents which might otherwise be construed to be outside its scope.
27.
The specificity of any request herein should not be construed to limit the generality or reach of any other request herein.
28.
Unless otherwise specified, the relevant time period for purposes of this document request shall be from January 1,
1983 to the present, t-1' l
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DOCUMENTS REQUESTED
. DOCUMENT' REQUEST NO. It' All documents which discuss, refer or relateoto the
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' purchase, sale, distribution,-labeling, testing or manufacture'of reconditioned, surplus, obsolete,-used, refurbished; counterfeit, defective, rebuilt, substandard or misrepresented circuit i
l breakers.
DOCUfjENT REDUEST ND. 2t r
All documents which constitute, refer or relate to correspondence or communications between the NRC and any.
representative of the following entities concerning reconditioned, surplus, obsolete, used, refurbished, counterfeit, defective, rebuilt, substandard or misrepresented circuit breakers:
j a)
Any nuclear power plant or utility; i
b)
NUMARC; c)
NAED; d)
DOE; e)
NASA; f)'
Westinghouse:
g)
GE; j
h)
Square D; L
i)
UL; L
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Romac; k)
U.
S.
Navy; and L-l l.
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NEMA.
IDOCUMENTiREQUEST NO. 3:
All documents which discuss, refer or relate to any.
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- . investigation,Jprobe, inquiry or vendor' inspection concerning t.
circuit ~breakersipurchased'for nuclear power plant. structures, L
systems and compon'nts'.
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' DOCU M_ENT _ R__EQU_EST_ _N_O__. _4__:
1 All documents, including but notLlimited to articles, videotapes, photographs, test results and circuit breakers reviewed, analyzed:or seized by the NRC as part~ of,any investigation, probe, inquiry or vendor inspection concerning
/
. circuit breakers.
DOCUMENT, REQUEST _NO.
5:
AJ1~ documents which constitute, refer or relate to-correspondence or communications between the NRC and any
- government 9! departmant or agency, federal, state or otherwise, concerning reconditioned, surplus, obsolete, used, refurbished, counterfeit, defective, rebuilt, substandard or misrepresented circuit breakers.
DOCUMENT REQUEST-NO. 6:
All documents which constitute, refer or relate to any complaints or petitions submitted to the NRC concerning circuit breakers manuf actured by Westinghouse, GE or Square D.
DOCUMENT REQUEST NO. 7:
1 All documents which discuss, refer, relate or relate to
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G:nsral Circuit Brouksr, its offic3rs,' including XcviGr CEntrCros,"
its' employees;;itsEproducts.or.its facilities, j
' DOCUMENT REQUEST NO. 8t' All documents which reflect; constitute, refer or relate.
to any-communic.ation or correspondence between any' representative of the.NRC-and-any_ representative of the law firm of Munger, l
~Tolles &101 son, Los Angeles, California, _concerning circuit-n breakers or any actual'or proposed investigation _or litigation concerning circuit breakers.
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DOCUMENT REQUEST NO. 9:
i
'All documents which identify or list persons or entities
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believed to be engaged in the practice of purchasing, manufacturing, distributing or selling suspect, counterfeit, misrepresented, reconditioned or rebuilt circuit breakers.
DOCUMENT REQUEST NO. 10:
All NRC Advance Notices of Proposed Rulemaking
( " AN PR ' s " ) which discuss, refer or relate to circuit breakers.
DOCUMENT REQUEST NO. 11:
All NRC Information Notices which discuss, refer or relate to circuit breakers, including, but not limited to Notice
~
Nos. 88-19 and 88-36 through 88-46.
DOCUMENT REQUEST NO. 12:
All NRC Bulletins which discuss, refer or relate to l'
L circuit breakers, including, but not limited to Bulletin Nos.
l-88-05 and 88-10.
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sDoCUMENT REQUEST NO. 13:
All documents-which constitute, referLor' relate to
. construction ~ performance or testfstandards or specifications'for circuit' breaker,s.,
,1
. DOCUMENT-REQUEST NO. 142-All documents in the files of the following NRC representatives which discuss,' refer or relate to-circuit
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. breakers:
a )'
' Victor Stello, Jr.;
~b)
-Max:J. Clausen,'NRR; k;
c)
Donald.S. Brinkman, NRR; d)
. Charles E.
Rossi, NRR; f.
e)
J..T.
Conway, NRR; t.
f)
Edward T.
Baker, NRR; l'
g)-
-Ray Cilimberg, NRR; h)
.Thoma's T. Martin, NRR;
.1)
Paul Gill, NRR; j)
Jaime Guillen, NRR; k)
Joseph J.
Petrosino, NRR; and-1 1)
K.- R.
Naidu, NRR. l
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