ML20054C729

FOIA Request for Ofc of Inspector & Auditor Repts on Issues Investigated During 1981 at Facility,Other than Applegate Original Charges & All spin-off Repts.Excerpt from R Deyoung Unofficial Transcript Encl

ML20054C729
Person / Time
Site:	Zimmer
Issue date:	03/18/1982
From:	Devine T GOVERNMENT ACCOUNTABILITY PROJECT
To:	NRC OFFICE OF ADMINISTRATION (ADM)
References
FOIA-82-157 NUDOCS 8204210567
Download: ML20054C729 (4)

Text

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GOVERNMENT ACCOUNTADIUTY PROJECT -

IEstitu$e for Pohcy Studies 1901 Que Street. N.W.. Washington. D.C. 20009 (202)234-9382 March 18, 1982

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Director FREEDOM OF INFORMATK)N Office of Administration ACT' REQUEST Nuclear Regulatory Commission Washington, D.C. 20555

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To Whom It May Concern:

Yb&$Sb Pursuant to the Freedom of Information Act, 5 U.S.C. sec. 552, we request all Office of Inspector and Auditor ("OIA") investigative reports on any' issues investigated during 1981 at the Zimmer Nuclear Power Plant, other than Mr. Applegate's original charges against Gerald Phillips. In addition, we also request all spin-off reports of issues that arose out of Mr. Applegate's whistle-blowing disclosure but were organized into different classifications or files, as well as all attachments, exhibits, notes, draf ts, telephone logs, diaries, or any other information connected with the above requests. We have reason to believe spin-off investigations exist which deal with possible criminal violations at Zimmer. This is substantiated by an Aug. 17, 1981 letter from Arthn: Schnebelen, of OIA, to Ms. Ann Marie Tracy, Assistant U.S. Attorney in Cincinnati, Ohio. Mr. Schnebelen stated that OIA " . . .has initiated an inves-tigation into the recent discoveries, by Region III, relating to both alleged altering or falsifying documentation and failures to conduct quality control inspections pursuant to Appendix B, Part 50, Title 10, Code of Federal Regulations. These allegations as they pertain to regulatory violations have been the subject of a recently completed IE investigation." (This letter is enclosed as Exhibit I.)

The NRC's initial denial of our FOIA-81-488 request indicated no l investigation of any criminal investigation conducted by OIA or IE at Zimmer. We must conclude that the results of this investigation ,

are contained in another report. This contention is strengthened l

by the Commision's own March 3, 1982 testimony before the House 1

Subcommittee on Energy, Conservation, and Power. At that time, Mr.

Richard DeYoung , Director, Office of Inspection and Enforcement, revealed that OIA had pursued a criminal investigation and that investigation was separated from its investigation of Mr. Phillips. He also in-

' dicated that a referral was made to the Department of Justice. (Rel-evant excerpts from an unof ficial transcript of the testimony are enclosed as Exhibit 2.) Press accounts from Cincinnati also. indicate that the NRC has admitted that the Justice Department was at least unofficialy contacted. However, these reports are not confirmed.

We are requesting this information as part of a monitoring project on the adequacy of the Commission's ef forts to protect.public safety at nuclear power plants. As a result, we request that fees be waived because " furnishing the information can be con-sidered as primarily benefitting the general public." 5 U.S.C.

S 552 (a) (4) (A).

8204210567 820413 PDR FOIA PDR DEVINE82-157

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Director, Office of Administration Nuclear Regulatory Commission March 18, 1982 Page Two For any documents or portions of documIen'ts th'at you dcny dde to a specific. exemption, please provide any index itemizing and describing documents or portions of documents withheld. ..The index should provide a detailed justification of your grounds for claiming such exemption, explaining why each exemption is relevant to the document or portion withheld. This index is required under g Vaughn v. Rosen (I), 484 F.2d 820 (D.C.Cir. 1973), cert. denied, 415 U.S. 977 (1974).

We look' forward to your reply.within ten working days.

~in'cerely, S

C :y . (:

Tom Devine ~

Legal Director Jay Rosenthal Staff Associate.

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( 1: !!EC062030 PAGE 108

• 255,3 . safeguards activities going on in the region. \

,.. 2654 Ms.. HULL. There is just one more, question on this. )

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2655 I understand that inspections uncover certain health and c-l ' .' . "

2656 safety possible violations, but that in the course of that 1

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2657 investigation there is also,'perhaps, evidence that'there is 't

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2658 criminality or a willful violation, in the case of Zimmer, '

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2659 the criminal inspection was postponed until the completion a i

t ' ' '4 7, 2660 of the health and safety violation, probable violation, f j ['

2661 I understand that health and safety is your primary a

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i 2662 responsibility, and should not take second seat to anything,  !' (#

l 2663 including criminal violations. But have any standards been ~j;g

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5 established to determine when the health and safety threat ,[ t 4 j i, i

, 2665 is immint .; or uhen the criminal investigation should not be i i'.. i

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2666 postponed? ' h'j , t+ i k  !

W 2667 Mr. DEYOUNG. I might respond that they were not put Ii

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i 2668 aside. They were separated.

k OIA pursued the criminality,  !  ! 1,i f i :j l 3 2669 and we pursued the ICE part of it, the health and s'afety. So '

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(* they were not dropped, they were just completely separated. j 2671 It uns referred. IJe talked to the Department of Justice.

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i 2672 OIA did pursue that, they questioned people, and they '

I  ! il i 2673 questioned them about the staff performance in Region III as [

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l 3 2674 well, but they referred it to the Department M urtice. l 1 j 2675 The Department of Justice will tell us u', a G unnt us to l

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f do. If they say, stop, do not proceed, we do not proceed.

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2677 Commissioner G I L I M S I: Y .

I think criminality, if that is I

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. 13 August 17,19P.1 I's. Ann l'arie Tracey .

Assistant U.S. Attorney linited States Attorney Southern District of Ohio-Cincinnati, Ohio 45202 -

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Dear its. Trccey:

Enclosed is a copy of the Office of Inspector and Auditor's (0IA) repnrt of investigation pertaining to an !!PC investigation conducted in April 1980 by the Office of Inspection and Enforcenent (IE) at the Ifillian H.

Zinrier !!uclear Construc+. ion Project. lie are providing this report in order that your office rmains fully infomed of the results of investiga-tions conducted by the flRC at Zinner.

As discussed during our April 22, 1981 recting, OIA uas tasked to investigate the adequacy of previous efforts at the Zinner site to resolve allegations of alleged faulty construction thich nay have violated cuality assurance criteria set forth in flP.C regulations and adversely effected flP.C's

! ability to ensure natters effecting public health and safety.

1 Our report specifically focuses on the nerits of IE investigation 50-l 358/80-09 and "ovtends neither to the evaluation of other Pegion III I

actions relating to Zinner nor to the question of allegedly faulty construction at Zinner." However, DIA has initiated an investi.Jation' into the recent discoveries, by P.egion III, relating to both alleged altering or falsifying docunentation and failures to conduct quality control inspections pursuant to Appendix B, Part 50. Title 10, Code of Federal Pegulations. These allegations as they pertain to regulatory violations have been the subject of a recently conpleted IE investigation. '.

This draft IE report of investigation util be foruarded to you.r office under senarate cover.

i If there are any questions regarding this natter or assistance needed, feel free to contact Arthur Schnebelen, Acting Assistant Director for Investigation or John Sinclair of the investigative staff (301-492-7170).

Sincerely, Distribution bqlAfile81-18 OI A File 1.2.b. /s/ Arthur Schnebelen JSinclair Janes J. Cumings, Director c6 ~

Office of Inspector and Auditor fnclosure: O ~

OIA rpt of investigation d 0 LM) 5,,,c, y cc: DapidEverett,00J,w/cncl. . OI A IA OIA

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