ML20006D457
| ML20006D457 | |
| Person / Time | |
|---|---|
| Issue date: | 02/12/1990 |
| From: | Philips J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Pepperman D BLECHER & COLLINS |
| Shared Package | |
| ML20006D458 | List: |
| References | |
| FOIA-89-404 NUDOCS 9002130268 | |
| Download: ML20006D457 (3) | |
Text
{{#Wiki_filter:W ~~ -41 ' U.S. NUCLEAR REGULATORY COMMIS$40N hac #oa atoutst =vuotma FOIA - TPVM .i j[e it =5eo~u rm l h' RESPONSE TO FR DOM F _Phat D&^=t INFORMATION ACT (FOIA) REQUEST ^ eece.} ~DOCKLI NVhilltftt$1(N apphcease; FEB 2 21993 ""%u 4~4 M PARIl.- AGENC'V R CORDS RELEASEO OR NOT LOCATED ISee checaed bones) No 6pency recorde subsect to the request have beenlocated. No addetional opency records subsect to the request have been located Requested reco de are avaaable through another puMc distnbut.on program See Comments Section. Agency reco<ds subrect to the request that s'e identified on Append slett see elready available for puwc mopection and copvog e the . NRC Puac Document Room 2 $ 20 L St.eet. N W.. Washmoton. DC 20566 Agency,eco,ds sub,eci io the re2vesi ihat a,e idenii.ed. Append.siest /f. - - a,e be,ng made avaiaet fo, puwe especi.on and co,yng in ihe f NRC PuMc Docurrent Room. 2120 L Street, N W,. Washmgton. DC e e folder u der this FDIA number and requester name n The nonproprietary versen of the proposal's) that you agreed to accept in a telephone converset.on with a member of my staf inspectior and copying at the NRC Pu%c Document Room 2120 L Street. N W.. Washington, DC. m a folder undee this FOIA numbee and eeouester name. Agency reconds subsect to the request that are identif,ed on Append stest may be mapected and cop.ed at the NRC Local PuMC Document Room identified in the Comments Secteu.s. Enclosed la mformation on how you may obtem access to and the chaeges for copymg vocords placed m the NRC Pupc Document Room. 2120 L Street. N W. Washegion. DC. Agency reco#ds sub set to the request are enclosed. W t Records subsect to the teQvest have been esferred to another Federal agencybest fo# review and dwect response to you You will be blled by the N9C foe fees totalmg 4 } In view of NRC's respoest to this request, no further atten is being taken on appeal lettet dated
- No PART R. A-INFORMATION WITHHELO FROM PUBLIC OtSCLOStsRE Certain information in the eequested records is being withbeid Isom puoic d sclosu e pu svant to the esemptions desce. bed m and toe the <easons stated in Part li.
r e Sections 8. C. and D' Any reteesed portions of the docipents for which omie part of the seco'd is bemg withheid are being nede ava. fable for pupc inspect on and copymg m the NRC PuMc Document Room. 2120 L Street. N W. Washington. DC in a folder v de< ines FDIA n mber and <eavestee name a u COivtMENTS 9002130268 900212 PDR FOIA PC=PERMO9-404 PDR [ A N-- SIGNATU TOR. OtytSION OF PREEDOM OF INFORMATION AND PUBLICATIONS SERVICES ~e..-..
,y_ ~ t 'j'. k e Ret FOIA-89-404 APPENDIE T-RECORDS MAINTAINED AMONG.PDR FILES NUMBER DATR DESCRIPTION 1.: 11/22/88 Enclosure.1-to Document U/1 -- NRC Bulletin No. 88-10: Nonconforming Molded-Case Circuit Breakers.(13 pages).ANO 8811180315
- 2..
12/30/88 Enclosure.2 to Document U/1 -- NRC Information Notice No. 88-46, a supplement 2: Licensee' Report of-Defective Refurbished Circuit Breakers ^ (13 pages) ANO 8812280051 3. 12/16/88 to. Document U/1 -- NRC Information Notice No. 88-97: Potentially Substandard Valve Replacement Parts.(4 pages).ANO 8812120047 s
q. i I Ret POIA-89-404 a. APPENDIX ~U RECORDS _BEING PLACED INTO THE PDR UNDER THE ABOVE REQUEST NUMBER 4 NUMBER DATE DESCRIPTION 1. 2/7/89 Letter to R.-K.'Dawson from V. i Stello,:Jr.,-re Forwarding Information Notices.and Bulletin (2 pages) (See Appendix T for enclosures.) 2. 9/13/88. Memo'to File from V. Stello,- Jr., re:. Summary of-meeting _with NUMARC 4 on 8/29/88 with~ enclosures:(12 pages) 3. 8/3/88 Meeting ~ presentation by V.-Stello, Jr. entitled "NRC Technical Review and Actions Regarding the Possible. 1 Use of Counterfeit and' Substandard Materials in Nuclear Power Plants" (3 pages) ^i i-i i l-J l 1
,3 h([.'. law orricc5 e BLECHER & COLLINS a emercssiona6 coneonation TWENTV EIGHTH FLOOR Sif WEST sixth STRECT 9,.. LOs ANGELES, CALIFORNIA 9ool? -( t a 3 ) 6 22-4222 tettconta teast see isto September 14, 1989 s FREEDOM OF INFORMATION = Freedom of Information Of ficer United States. Nuclear Regulatory Commission ACT REQUEST. [OZA-87.MOf Washington, D.C. t20555 I Attention: FOIA Request Ret Freedom of Information Act Requesj
Dear Sir or:
Madams Under1the provisions of the Freedom of Information Act,-- j 5 U.S.C. $ 552, I am hereby requesting access.to-the documentsjand. ] l materials identifie.d in Exhibit "A" attached hereto. j -If fees, if any, for searching for or copying the records:I have requested will exceed $1,000.00, please inform me before foux fill the request. 4 If-all-or any part of this request is denied, please
- cite' th nl speci fic exemption ( s) or reason (s)'that y_ou contend.
. justifies your-refusal -to release the information or materials and inform.ne of the appeal procedures' available to me1under 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 Nhich the Act requires. 'l If you have any questions, please contact me at the . address or telephone number listed above.
- l Very truly-yours, b
- i. @%
DONALD R. PEPPERMAN . Dttp /dc Enc. 4 i l a
= ~ ' s c. ? EXHIBIT "A" DEFINITIONS AND INSTRUCTIONS 1" 1. The term " document" shall mean all written, s 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 '~ possession, custody, care or control, including without limitation, all writings, correspondence, letters, telegrams, notes, mailgrams, agenda, memoranda, _ inter-office communications, reports, forecasts, projects, analyses, working papers, charts, requests for authorization, expense account reports, charge or credit account vouchers, calendars,' appointment books, diaries, drawings, graphs, photographs,' sound reproduction tapes, data compilations from which information can be obtained or can be l translated through detection devices into reasonably usable form, i computer inputs or outputs. The term " documents" shall include not,only originals but also any copies or reproduccions of all j such written, printed, typed, recorded or graphic matter upon 1 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 q National Electrical Manufacturers Association, its merged or acquired predecessors, its entities, its subsidiaries, its-affiliates,. its divisions, its membero, and all of its present or j former officers, directors, employees, lawyers,' agents, t -
ri: - 1 DI ' bL+ _ invcstigotors, rcpros;ntativos or othor persons _ceting or.- purporting te act on_its behalf. II 13. The term "GE" shall mean and refer to General i i 4 Electric Company, its merged or acquired predecessors, its - e n ti t'ies, its subsidiaries, its affiliates, its divisions, indluding but'not limitad to its GESCO Division, 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. F 4. The term " Westinghouse" shall mean and refer to Westinghouse Electric Corporation, its merged or acquired m predecessors, entities, its subsidiaries, its affiliates, its divisions, including, but not limited to its WESCO' Division, 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. 5. The-term " square D" -shall mean and refer to Square r 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, l 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, tits subsidiaries, its affiliates, its divisions, and all of its -.,
IL. 7-present and former officers, directors, employees; lawyers;- t' agents, investigators, representatives or'other persons acting or. 1 e i purporting to act on its behalf. IL 7. The term "Romac" shall mean and refer to Romac Supply Company located in Commerce, California, its merged or acquired predecessors, entities, its subsidiaries, its affiliates, its divisions, and all of its present.and former officers, y directors, employees, lawyers, agents, investigators,- L representatives or other persons acting or purporting to act on its-behalf.. 8. The term " General Circuit Breaker" shall mean and refer to General Circuit Breaker and Electric Supply, Inc. located in Arcadia, California, 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. 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. 12. The term " DOE" shall mean and refer to the United States Department of Energy. 14 - L [. 13. Tha torm'" NASA" chD11 m02n cnd' refcr to the r' National Aeronautics and Space Administration. 14. The term "NUMARC" shall mean and refer to the Nuclear Management and Resources Council. f 15. The term " circuit breaker" shall be construed to mean any-molded caso circuit breaker designed for residential, 3 i. g commercial or governmental use, and shall include any circuit s' breaker components or circuit breaker parts separately offered forL sale or sold by a manufacturer. 16. As used herein-the' term " obsolete circuit breaker" is a. circuit breaker.that the manufacturer is no longer producing as now. 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 -circuit breaker, making internal modifications to the circuitL breaker, repairing or replacing component parts of a circuit breaker, or adjusting the cal'ibration of a circuit breaker. 18. The term " person" means any natural person, corporation, partnership, assoulation, business trust or other form of legal entity. 19. The term " communication" shall include but is not limited to oral communications, correspondence, memoranda, reports an'd records of telephone calls and reports of meetings. E " \\ t
T" ,e 20'. E2ch-cf tho-d3finitions Obovo Cnd C0ch Of th0 ~ instructions below is hereby incorporated into each of the-requests to which it may pertain. 21. In producing these documents, you are requested'to furnish all -documents known or ' available. to you regardless of whether--these documents are possessed directly.by you or your a' gents, employees, partners, representatives, investigators, or by' your attorneys or their agents, employees, representatives or investigators. 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 and stating whatever information, knowledge or' belief you do have concerning the unproduced portion. .i 23. If'any documents or things required were at one f time in existence, but are no longer in existence, please so state j specifying for each document or thing, (a) the' type of document or -{ thing, (b) the types of information contained thereon, (c) the t date upon which it ceased-to exist, (e) the identity of all i persons having knowledge of the circumstances under which it [ i ceased to exist, and (f) the identity of all persons having { -l knowledge of who had knowledge of the contents thereof. 24. With respect to any documents called for by this l Request but withheld due to any claim of privilege, list for each such document: l L -s-l i
(. e
- ,+
y b a.- The document requestLto which the document is 4 otherwise responsive;. v b. Its title and general subject matter; L .c. Its dater g i d.. The name(s) and title (s) of its-authors or b preparer; 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 f. The nature of.the' privilege claimed. 25. If you assert'a privilege as.to a portion of any -category of_the materials described, please produce the remainder ao of. that category as to which ' you du not assert a privilege. / 26. The terms "and" and "or" shall be construed either disjunctively or conjunctively so as to bring within the scope of ? -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.. 1 s 28. Unless otherwise specified, the relevant time -period for purposes of this document request shall be from January 1, 1983-to the present. 3 [ I.
p:c >= ' DOCUMENTS REQUESTED-po,, CUM,qgI_BE,0,,U,ES,I_N,,0,,,,1,': [-. All documents which discuss, refer or relate to the purchase, sale,, distribution, labeling, testing or1 manufacture of reconditioned, surplus, obsolete; used, refurbished, counterfeit,: ' defective, rebuilt,. substandard or misrepresented circuit s 7. breakers. DOCUMENT REQUEST No. 2: All documents which constitute, refer or relate to' l correspondence or communications between the NRC and any 1' representative of the following entities concerning reconditioned,. surplus, obsolete, used, refurbished, counterfeit, defective, q rebuilt, substandard or misrepresented circuit breakers: a) Any nuclear power plant or utility; b) 'NUMARC; c)- NAED; .i.; d) DOE; t e) NASA; I f) Westinghouse; g) GE; jj i h) Square D; q i) UL; d j) Romac; l f k) U. S. Navy; and f i k i 1 a 1 Li'
-m- ~4 I l a. I r 1) -NEMA. b DOCUMENT REQUEST NO _3 - c-0 All documents which discuss, refer or relate to any investigation,, robe, inquiry or vendor inspection concerning p i circuit breakers purchased for nuclear power plant structures, systems and components. DOCUMENT REQUEST NO. 4: s. -All documents ~, including but not limited to articles, i-videotapes, photographs, test results and circuit breakers ' reviewed, inalyzed or seized by the NRC as part of any a investigation, probe, inquiry or vendor inspection concerning circuit breakers. DOCUMENT REQUEST NO. 5: P All documents-which constitute, refer or relate to correspondence or communications between the NRC and any governmental department 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 cr relate to any complaints or petitions submitted to the NRC concerning circuit breakers manufactured by Westinghouse, GE or Square D. DOCUMENT REQUEST NO. 7: All documents which discuss, refer, relate or relate to l i n -e-L
+ ~ r i?. -' '. t General circuit Breaker; its officers, including Xavier Contreras; p. - its employees, its products or its facilities. L-DOCUMENT' REQUEST NO. 8: ^ All documents which reflect, constitute, refer or relate s to.any communication or correspondence between any representative of the NRC and any representative of the law firm of Munger, Tolles & Olson, Let Angeles, California, concerning circuit breakers or any actual or proposed investigation or litigation concerning circuit breakers. DOCUMENT REQUEST NO. 9: I All-documents which identify or list persons or entities believed to be engaged in the practice of purchasing, manufacturing, distributing or selling suspect, counterfeit, misrepresented, reconditioned or rebuilt circuit breakers. i i DOCUMENT REQUEST NO. 10: All NRC Advance Notices of Proposed Rulemaking ("ANPR's").which discuss, refer or relate to circuit breakers. DOCUMENT REQUEST NO. 11:_ =! All NRC Information Notices which discuss, refer or j 'l relate to circuit breakers, including, but not limited to Notice Nos.-88-19 and 88-36 through 88-46. j DOCUMENT-REQUEST NO. 12: All'NRC Bulletins which discuss, refer or relate to circuit breakers, including, but not limited to Bulletin Nos. l 88-05 and 88-10. ! l
p. ~ ts... A DOCllMENT REQUEST NO. 13: ) y. All documents which constitute; refer or relate to construction,-performance or test standards or specifications'for E. circuit breaker,s. DOCUMENT REQUEST NO. 14 All documents in the files of the-following NRC representatives which discuss, refer or relate to circuit breakers: a) Victor Stello, Jr. ; l b)- Max J. Clausen, NRR; c) ' Donald S. Brinkman, NRRt d)~ Charles E. Rossi, NRR; e) J. T.,Conway, NRR; .f) Edward T. Baker, NRR; g) Ray Cilimberg, NRR; h) Thomas T. Martin, NRR; i) Paul Gill, NRR; j) ,Jaime-Guillen, NRR; k) Joseph J. Petrosino, NRRt and 4 1) K. R. Naidu, NRR. . I - -}}