ML20011F345

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Partial Response to FOIA Request for Records.App W Records Encl & Available in PDR
ML20011F345
Person / Time
Site: Dresden, Byron, Braidwood, Haddam Neck, Quad Cities, Zion, LaSalle, 05000000
Issue date: 03/01/1990
From: Philips J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Pepperman D
BLECHER & COLLINS
Shared Package
ML20008D796 List:
References
FOIA-89-404 NUDOCS 9003050175
Download: ML20011F345 (2)


Text

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U.S. NUCLEAR REGULATORY COMMi$$lON hRc soa at out61 huustui FOIA - ff-f# Y

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Ri m u i m RESPONSE TO FREEDOM CF ima PTFium

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INFORMATION ACT (FOIA) REQUEST T"

MARI 1990

.eeet Docal1 uvuotRisiler aps ceam a

me out sitR Yn A%

P' ART 1.- AGENCY E ORDS RELEASED OR'NOT LOCATED ISee checaed boness No egency records subrect to the request have treen located.

No odd #tional egency retvic's subject to the request have been located.

Requested records are available through another public distribution program. See Comments Section.

Agency recoeds subiect to the sequest that are identii.ed on Appendiatest are sI<eady available for pubhc espection and copymg m the NRC Pubhc Document Room Pt 20 t St*eet. N W.. Washmgton. DC 20655 Agency reco,es sobrect to the request that e.e ident f ed on Append s cesi are bemg made available for pubhc arspection and copying n the :

NRC Pubhc Document Room, 2120 t Street. N W, Washmgton, DC. m a foldet undes this f olA numt,ee end #eavester name.

The nonpeop<ietary version c/f the proposalisi that you egreed to eccept in a telephone conve<Sation with a member of my staff es now being made evadable for pubhc i

inspection and copying at the NRC Public Document Room 2120 L Street. N W, Washington, DC, in a folder undes this FDIA numbee and requester r.ame, h,:

Agency reconds subrect to the request that one ident.fied on Agend i<ese may be inspected and copied at the NRC tocal Pubhc Document Room identif.ed in the 00mmerts $ectior Enclosed is mformation on how you may obtain access to and ths charges for cop,mg records placed in the NRC Public Document Room. 2120 L Sti,eg N w,

Washingion, DC.

Agency roCo8ds subject to the feQue91 are enclosed.

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,e Reco,ds sub,ect io.he reavest he.e been ref. ed i.notiie, rede,e>.genfyt.si for review and dueci response io you

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3 You will be billed by the NRC for fees totahng 8 l(

In view of NRC's response to this request, no furthes action is being taken on opgeef letter dated

. No PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain eformat.on m the requested records is being *.thheid f eom pubhc d4ciess e pu'suant to the enemptions desceibed in ano foi tre seasons stated an Part 9, e

sectiofis B. C, and 0 Any seieased portions of the documents foe which onis part of the secord is bemg==ithheid a<e being made a.a.rabie fo, pubhc mspection and corymg in the NRC Pubhc Document Room,2120 L Street. N W, Washington, DC m a folder under this f otA n mbee and requeste, name u

COMMENTS M

SIGNATU T

%f 0R OsiSiON OF FR0(DOM Of INFORMATION AND PUBLICATIONS SERVICES l

9003050175 900301 PDR FOIA PEPPERM89-404 PDR l

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F Ret FOIA-89-404 APPENDIX W RECORDS BEING PLACED-INTO THE PDR VNDER THE ABOVE REQUEST NUM4ER FUMBER DATE DESCRIPTION Preventive Maintenance Procedure Nc. PM 1.

7/2/79 9.5-4 (6 pages) 2.

2/28/80 Testing of Molded Case Circuit Breaker Overloading (6-pages) 3.

1/26/83 Testing of Molded Case Circuit Breaker overloading.(6 pages) 4.,

8/29/85 Testing of Molded Case Circuit Breaker overloading (8 pages) 3 i

5.

12/8/75 Testing of. Molded Case Circuit Breaker Overloading (6 pages) i 6 '.

7/15/86 Testing of Molded Case Circuit Breaker overloading (8 pages)-

i 7.

8/2/88 Testing of Molded Case Circuit Breaker

'I overloading (12 pages) l 8.

8/2/88

-Testing of Molded-Case - Circuit Breaker i

overloading ( Annotated version] (12 pages) 9.

12/31/88 Testing' of Molded Case Circuit ' Breakers j

and-Motor Circuit Protectors (26 pages) 1

- 10.

2/9/89 Letter from K. Petschauer to S. Alexander re: Remaining Circuit Breakers on MRIR 86-785 (13 pages)-

11.

2/2/89 Report of Defective Refurbished Circuit Breakers.(21 pages) 12.-

2/9/89 SPL 10.8-9 Testing of Molded Case Circuit Breakers in Accordance with NRC Bulletin 88-10 (28 pages)

I 13.

2/1/89 Nonconforming Molded Case Circuit Breakers (2 pages) 14. -

8/8/78 Letter from C. Reed to J. G.

Keppler re:

Response to IE Bulletin No. 78-10 (10 i

pages) s-

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C-i law 0FF8 Cts -

' BLECHER & COLLINS-a enoressiomas compomation twtNTY.tIGHTH FLOOR 611 WEST sixth STRECT LOS ANGELES, CALIFORNIA 9o017 1813) 622-4222 j

tettcopeta saast saa. sos September-14, 1989 l

-i FREEDOM Of INFOR'MATION Freedom of Information Officer 1

United States Nuclear Regulatory Commission ACT REQUEST i

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Washington, D.C... 20555 Attent1on:

FOIA Request b

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Re s : Freedom of Information Act Requ,esj

- Dear Sir or Madams.

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' Under the provisions of the Freedom of Information Act, 5,'U.S.C.'i 552, I'am-hereby requesting access to the documents-and-L

' 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 request.

t 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.

o 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 requires.

If=you have any questions, please contact me at the address-or-telephone number listed above.

Very truly yours, hg

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DONALD R.

PEPPERMAN d

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p L'l s EXHIBIT "A" t -

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DEPINITIONS AND INSTRUCTIONS 1.

The term " document" shall mean all written, t

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 i

limitation, all writings' correspondence, letters, telegrams, l'

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 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

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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,,

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" 'invcstig2 tors,1 rsprossntativos or'other p;rsono octing,cr

, y 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 e

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present and - former of ficers, 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 s

predecessors, entities, its subsidiaries, its affiliates, its

' divisions, including, but not limited to its WESCO Division, and all of its present and former of ficers, directors, employees, l

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 i

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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, its subsidiaries, its affiliates, its divisions, and all of its L 4

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present and former_ officers, directors, employees; lawyers,

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agents,; investigators, representatives or other persons acting or F

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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 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 it's behalf.

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8.

The term " General Circuit Breaker" shall mean and

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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 c11 of its present and former officers, directors, employees, lawyers, agents, investigators, representatives or other persons acting or

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purporting to act on its behalf.

9.

The term "U.

S.

Navy" shall mean and refer to the

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United States Department of Navy.

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The term "NAED" shall mean and refer to the

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National Association of Electrical-Distributors, 11.

The term "NRC" shall mean and refer to the United

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States Nuclear Regulatory Commission.

1 12.

The term " DOE" shall mean and refer to the United States Department of Energy.

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The-term " NASA" shall mean and refer to the t

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National Aeronautics and Space Administration.

14.

The term "NUMARC" shall.mean and refer to the Nuclear Management and Resources Council.

15.

The term " circuit breaker" shall be construed to e

mean any molded case circuit breaker designed for residential, s

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 nov.

17.

As used herein the term " recondition" shall mean i

opening the case of a circuit breaker, removing the backshield of j

a circuit breaker, modifying the external configuration of a circuit breaker, making internal modifications to the circuit i

breaker,- repairing or replacing component' parts of a circuit-l breaker, or adjusting the calibration of a circuit breaker.

18.

The term " person".means any natural person, j

. corporation, partnership, association, business trust or other j

form of legal entity.

l 19.

The term " communication'" shall include but is not i

limited to oral communications, correspondence, memoranda, reports

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i and records of telephone calls and reports of meetings.

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Ecch of tho d3finitions cbovo cni occh of tho^

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instructions below:is hereby incorporated into each of the requesto to which it may_ pertain.

4 21.

In producing these documents, you are requested to-d' 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 Ettorneys 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 contained thereon, (c) the date upon which it ceased to exist, (e) the identity of all porr.ons having knowledge of the circumstances under which it 1

e ceased to exist, and (f)-the identity of all persons having knowledge of who had knowledge of the contents thereof.

24.

With respect to any documents called for by this 1

Requcct but withheld due to any claim of privilege, list for each such document:

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-a.

The : document request'to which the document is 7

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m otherwise-responsive; i

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_Its title and general subject matter; c.

Its dater t.h,"

6.

The name(s) and title (s) of its authors or h

preparer; n-e.-

The name(s)-and title (s) of the person (s) for whom it was prepared and all persons to Whom

!. P it was sent or shown; and f.

.The nature of-the privilege claimed.

l 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 9

disjunctively'or'conjunctively so as to bring within the scope of 1

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 s

-herein.

28.

Unless otherwise specified, the relevant time period for purposes of this document request shall be from January lL M 1,

1983-to the present.

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3 DOCUMENTS REQUESTED

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DOCUMENT REQUEST NO. 1:

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All-documents which discuss, refer or relate to the purchase, sale, distribution, labeling, testing _or manufacture of reconditioned, surplus, cbsolete, used, refurbished, counterfeit, defective, rebuilt, substandard or misrepresented circuit breakers.

DOCUMENT REQUEST NO. 2:

i All documents which constitute, refer or reltte 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:

a)

Any nuclear power plant or utility; b)

NUMARC; c)

NAED; d)

DOE; e)

. NASA; f)

Westinghouse; g)

GE; h).

Square D; i)

UL; I

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Romac; k)

U.

S.

Navy; and

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NEMA.

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p DOCUMENT REQUEST NO. 3:

(v All documents which discuss, refer or relate to any investigation, probe, inquiry or vendor inspection concerning i

circuit breakers purchased for nuclear power plant structures, systems and components.

]U DOCUMENT REOUEST NO. 4:

All documents, including but not limited 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 brea ker s'.

-i DOCUMENT REQUEST NO. 5:

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 or 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 1 - _ - - - - - -, - - -. - - - - _ - - - - - - _ -. -., - - - - -. - - - - - - - - - -. - - _ - -

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G'eneral circuit Breaker, its officers; including Xavier Contreras','

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. "I its employees, its= products'or its-facilities.

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P DOCUMENT REQUEST NO;'8:

All documents which reflect, constitute, refer or relate to any communication or correspondence between any representative of the NRC and_any representative of the law firm of Munger, I

'Tolles & Olson, Los Angeles, _ California, _ concerning circuit breakers or any actual or, proposed investigation or litigation

,concerning circuit breakers.

fp n4 DOCUMENT REQUEST NO.'9:

All documents which jdentify 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.

l

. DOCUMENT REQUEST NO. 10:

All NRC Advance Notices of Proposed Rulemaking

("ANPR's") which discuss, refer or relate to circuit breakers.

DOCUbjENT 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 I

i construction, performance or test standards-or specifications' for

' circuit breaker,s.

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't DOCUMENT REQUEST NO. 14:

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.All documents in the files of the following NRC l

representatives which discuss, refer or relate to circuit

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-breakers: "

j a).

, Victor Stello, Jr.:

b)

Max J. Clausen, NRR; c).

Donald S.

Brinkman, MRRt

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d)

~ Charles E.

Rossi, NRR;

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e)

J. T. Conway, NRRt l'

f)

Edward T.

Baker, NRR; g)

Ray Cilimberg, NRRt j

h)

Thomas T. Martin, NRRt l

1)

Paul Gill, NRR;

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Jrime-Guillen, NRR t

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Joseph'J. Petrosino, NRRt and 1)

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Naidu,.NRR.

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