ML20011E571
| ML20011E571 | |
| Person / Time | |
|---|---|
| Issue date: | 02/14/1990 |
| From: | Philips J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Pepperman D BLECHER & COLLINS |
| Shared Package | |
| ML20011E572 | List: |
| References | |
| FOIA-89-404, REF-QA-99901011 NUDOCS 9002160138 | |
| Download: ML20011E571 (2) | |
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U.S. NUCL(ist REGL'LATORY COMMIS$lON hac so e L.t outsi wwbpms,9# 9 I
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RESPON d TO FREED F
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INFORMATION ACT (FOIA) REQUEST E'
FEB 1 (1990 f
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DOCsit NVMillRi$l(W esqpasebdel h!
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FART l.- AdlN(Y RECORDS RELE ASED OR NOT LOCATED (See checked bones)
No opency records subsect to tre request have teen located.
No additions' opency records sobr ct to the veosest have been located.
e Requested vocords are evadable through emother pubisc distrebuteri program See Comments Section.
Agency reco*ds subs ct to the request that s't *dento.ed on Apperdia'est o's eletedy eveilab'.e for publ.c mspect.on end copying en the e
NRC PutAc Document Room 2120 L $seeet. N W. WesNngton. DC 20555 Agency eecoros subs ct to the 'equest that e'e identd.e4 on Arsend.miesi V
see bemg made available for publ+c inspection and copying an the e
NRC Pubhc Doceent Room. 2120 t Street. N W, Wuhegion. DC. in e folder unde # tNs,OIA n mber and eeovestee name u
the nonpeopnetary ve sion of the proposel's) that you egreed to accept en a telephone converset.on with a member of my staff is now being mece evedeble for publec 6nspect.on and copyir.g at the NRC Pwbhc Docurr4nt Room 2120 L $ tent. N W. WesNngton, DC. in a folder unde tNs,0tA numter and eeovester name.
Agency terof de subsect to the reevest that are tjentified on Append.aiest __
may he espected and copied et the NRC Local Pubhc Document Room dent. fed m the Cor,ments Section.
[nclosed se mformation on how you may obtain eccess to and the che<ges foe copyiae 'ecords placed m the NRC Pwblic Document Room. 2120 L Street NW.
WesNejton_DC g Age;y reco,0s s.,,ec, to the.e,.es,..e e.seg y
r Reco<ds subject to the tog.,est have teen eefened to ano.e# ede'e' egericyl.es for revien and duett response to you You win be b.fied by ite NRC for fees totaling 4 la ve* of NRC's response to tNs eeouest, no furthe action es te.ng taken on appeel seiter dated
.-. N o PART 11 A-lNFORMATION WITHHELO FROM PUBLIC DISCLOSURE Certo.n mformation e the eeovested reconcs.: being *ithheid from wbi.c d>sclosv e ov'swant to the esempt.ons descnbed e end foe the renons stated n Pui n.
sect.ons S. C. and D Any etiened pon.ons of the dacoments foe *Nch onis part of the secord is being *ithheid are being mece avaitable foe pubi.c inspect.on ena copymg m the NRC Pwbhc Docurnent Room. 2120 t Stent, N W. WesNagion. DC e a folder unde < ins f 0iA numt.et and eequester name COMMtNT 5
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APPENDIX Y RECORDS BEING PLACED INTO THE PDR UNDER_THE_ ABO _YB_REQURST_ NUMBER NUMBER DATE DESCRIPTION
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1.
2/5/86 Request for Investigation (3 pages) i 2.
7/22/88 Morning Report - Region IV (1 page) 3.
7/13/88 Letter to J.
C.
Fletcher from L. W.
Zech, Jr. re Forwards Information Notice w/o enclosure (1 page) 4.
7/13/88 Letter to K.
R.
McKee from L.
W.
Zech, Jr. re: Forwards Information Notico w/o enclosure (1 page) 5.
7/14/88 Letter to J.
S.
Herrington from L.
W Zoch, Jr. ret Forwards Information Notice w/o enclosure (1 page)
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BLECHER & COLL. INS A Pe$f elli$m&6 CDh00 Sate $ s Twt,ety tioMtM FLoom sti WEST SixTM STREET LOS ANOCLES, CALiroRNIA 90017 tit 3) Set eatt 1 6tcopitet#W etasete September 14, 1989 N
Freedom of Information Officer United States Nuclear Regulatory Commission ACT REQUEST
[OM -ff.%f l Washington, D.C.
20555 Attention:
FOIA Request kU Re:
Freedom of Information _ Act Requ,e,sj Dear Sir or Madam Under the provisions of the Freedom of Information Act, 5 U.S.C.
$ 552, I am hereby requesting access to the documents and materials identified in Exhibit "A" attached hereto.
If fees, if any, for searching for or copying the records I have requested will exceed $1,000.00, please inform me before you fill the raquest.
If all or any part of this request is denied, please cite the specific exemptiori(s) or reason (s) that you contend justifies your refusal to release the information or materials and inform me of the appeal precedures available to me under the law.
1 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 requires.
If you have any questions, please contact me at the address or telephone number listed above.
Very truly yours, i
DONALD R. PEPPERMAN j
DRP/dc Enc.
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i EXHIBIT _"A" DEFINITIONS AND INSTRUCTIONS 1.
The term " document" shall mean all written, 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, ma11 grams, 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 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 "NEHA" 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; agentsj.-
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invcstigntcrs; rcproscntotivas er cthor perscns ceting cr i
purporting to act on its behalf.
3.
The term "GE" shall mean and refer to General Electric Company, its merged or acquired predecessors, its entities, its subsidiaries, its affiliates, its divisions, including but not limited 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.
4.
The term " Westinghouse" shall mean and refer to Westinghouse Electric Corporation, its merged or acquired
. 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 4
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 preoucessors, 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.
7.
The term "Romac" shall mean and refer to Romac Supply Company located in Commerce; California, its merged or l
acquired predecessors; entities, its subsidiaries, its affiliates, its divisions, and all of its present and former of ficers, directors, employees, lawyers, agents, investigators, 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 Dreaker and Electric Supply, Inc. located in Arcadia, California, its merged or acquired predecessors, entities, its subsidiaries, its affiliates, its divisions. snd 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.
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Tho tora " NASA" shc11 mecn and rofst to tho National Aeronautics and Space Administration.
14.
The term "RUKARC" shall mean and refer to the Nuclear Management and Resources Council.
15.
The term " circuit breaker" shall be construed to mean any molded case circuit breaker designed for residential, commercial or governmental use, and shall include any circuit breaker components or circuit breaker parts separately offered for 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 new.
17.
As used herein the term " recondition" shall mean l
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 circuit breaker, repairing or replacing component parts of a circuit breaker, or adjusting the calibration of a circuit breaker.
18.
The' term " person" means any natural person, corporation, partnership, association, business trust or other 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..
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20.. _Each of tho d5finitions &bovo and Sach of tho I
- y, 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 agents, 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.
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 contairied thereon, (c) the date'upon which it ceased to exist, (e) the identity of all
' persons having knowledge of the circumstances under which it med to exist, and (f) the identity of all persons having 1
- s knowledge of who had knowledge of 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 such document: 3 9
es
' I' ?
' ), ;-
.j t
-r c.
Tho'documont1 request-to which the document is otherwise responsive b.
Its title and general subject matter; c.
Its dater d.
The name(s) and title (s) of its authors or preparer; The name(s) and title (s) of the person (s) for e.
s 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-of that. category as to which you do 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.
f 27.
The specificity of any request herein should not be-construed to limit the generality.or reach of any other request I
herein.
28.
Unless otherwise specified, the relevant time L
period for purposes of this document request shall be from January h
1, 1983 to the present.
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DOCUMENTS REQUESTED DOCUMENT._ REQUEST NO._1:
All.do'cuments which discuss, refer or relate to the.
purchase, sale, distribution, labeling, testing or manufacture of reconditioned, surplus, obsolete; used, refurbished; counterfeit; defective, rebuitt; substandard or misrepresented circuit breakers.
i DOCUMENT REQUEST NO. 2:
All document
<hich 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:
1 a)
Any nuclear power plant'or utility; I
b)
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c)
NAED; j
d)
DOER e)
NASA; l
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f)
Westinghouser g)
GE; i
h)
Square D i)
UL; L
j)
Romac; k)
U.
S.
Navy; and L
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1)
NEMA.
DOCUMENT _ REQUEST _NO. 3:
All documents which discussi refer or relate to any investigation, probe; inquiry or vendor inspection concerning circuit breakers purchased for nuclear power plant structures, systems and components.
DOCUMENT REQUEST NO. 4:
All documents, including but not limited to articles, videotapes; photographs, test results and circuit breakers 1
reviewed, analyzed or seized by the NRC as part of any investigation, probe, inquiry or vendor inspection concerning I
circuit breakers.
I DOCUMENT _ REQUEST _NO.
5:
a All documents which constitute, refer or relate to i
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:
s All documents which constitute, refer or relate to any complaints or petitions submitted to the NRC concerning circuit breakers anufactured by Westinghouse, GE or Square D.
DOCUMENT REQUEST NO. 7:
All documents which discuss, refer, relate or relate to 1
j' l'
.'. Gancrol Circuit Breaksrl its officars; including Xavior controrcs; e
I its employees; its products or its facilities.
DOCUMENT REQUEST NO. 8:
All documents which reflect, constitute,-refer or relate
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to any communication.or correspondence between any representative of the NRC and any representative of the law firm of Munger, Tolles & Olson, Los Angeles, California, concerning circuit breakers or any actual-or proposed investigation or litigation concerning circuit breakers.
DOCUMENT _ REQUEST __NO.
9:
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.
DOCUMENT, REQUEST _NO.
l_O :_
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 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
' circuit breakers, including, but not limited to Bulletin Nos.
88-05 and 88-10.
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DOCUMENT REQUEST No. 13:
All documents which^ constitute,' refer or relate to construction, performance or test standards or specifications for circuit breakers.
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.;
b)
Max J.
Clausen, NRR; w
c)
Donald S.
Brinkman, NRR; 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, NRR; and 1)
-K.
R.
Naidu, NRR.
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