ML20023D608

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Requests Addl Info Re 821207 Ltr Seeking Explanation of Circumstances Surrounding Compliance W/Foia Request for Documents Pertaining to Facility.Adequacy of Cummings Reply Questioned
ML20023D608
Person / Time
Site: Zimmer
Issue date: 03/02/1983
From: Sieberling J, Udall M
HOUSE OF REP., INTERIOR & INSULAR AFFAIRS
To: Palladino N
NRC COMMISSION (OCM)
Shared Package
ML20023A442 List:
References
NUDOCS 8305240275
Download: ML20023D608 (2)


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The Honorable Nunzio Palladino Chairman United States Nuclear Regulatory Commission Washington, D.C. 20555

Dear Mr. Chairman:

During the course of the Commission's appearance before us on February 22, questions were raised regarding the status of your response to the December 7, 1982 letter seeking an explanation of circumstances surrounding compliance with a Freedom of Infor-mation Act (FOIA) request for documents pertaining to the Zimmer ,

project. We want to state that our concern with this matter goes beyond tardiness of the Commission's response to the December 7 letter.

At the February 22 hearing you asked Mr. Cummings, the Director of the Office of Inspector and Auditor (OIA) , who is alleged to have withheld documents, to provide us information on the status of the Commission's reply to the December 7 letter.

While we believe it appropriate that Mr. Cummings commented on i the circumstances surrounding the withholding of documents, we question whether an adequate answer to the December 7 letter can ,

be obtained through a procedure where Mr. Cummings was made re-sponsible for drafting the Commission's response.

l Furthermore, Mr. Cummings' statements at the February 22 hearing i have raised additional questions. Mr. Cummings said that Mr.

Harpster's interview was not released in response to the FOIA request because he considered the OIA inquiry to involve a per-sonnel matter, and that Mr. Harpster's interview was placed in a file pertaining to a much broader investigation of Zimmer construction deficiencies. Mr. Cummings then said that his ,

office had been a " forerunner a long time ago in identifying the problems we did have with Zimmer." Our questions are:

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1. In what manner did OIA identify and bring to the Commission's attention construction defi- i ciencies at Zimmer other than through its report on Region III's inquiry into the Apple-  ;

gate allegations? '

2. If Mr. Cummings communicated his concerns about Zimmer via OIA's report on Region III's inquiry into the Applegate allegations, what was his basis for removing the Harpster interview from that report?
3. Did Mr. Cummings provide the report on the Harpster interview, or some summary thereof, to one or more Commissioners prior to June 19827 If so, on what date was this done and which Commissioner (.s) received it?

We look forward to an early resolution of this matter.

Sincerely, s' HN [

MORRIS K. UDALL S I ERLING

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