ML20057B785

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Partially Withheld Commission Paper Re FOIA Appeal 83-A-11 for OI Investigation Rept About Allegations of Impropriety in Hiring at TMI
ML20057B785
Person / Time
Site: Three Mile Island  Constellation icon.png
Issue date: 09/13/1983
From: Fitzgerald J
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
Shared Package
ML20049A457 List: ... further results
References
FOIA-92-436 SECY-83-375, NUDOCS 9309240005
Download: ML20057B785 (13)
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POLICY ISSUE September 13, 1983 SzCY-83-37s (NEGATIVE CONSENT)

For:

The Commissioners From:

James A. Fitzgerald i

Assistant General Counsel

Subject:

FOIA APPEAL 83-A-11:

FOR OI INVESTIGATION REPORT ABOUT ALLEGATIONS OF AN IMPROPRIETY IN HIRING AT TMI

Background:

The report requested in this FOIA appeal was assembled by OI in response to allegations of an impropriety in hiring at TMI.

OI Report of Investigation, Case Number 1-83-003.

A Mr. Thomas Quinn was referred to GPU Nuclear for employment as an engineer by Main Line Personnel Service, Inc.

After failing a required pre-employment psychological test, he was contacted by a person-nel recruiter at Main Line who informed him that he would be required to take the test again.

Quinn alleges that the recruiter told him that the recruiter had received the results of the failed test from a friend at GPU Nuclear, who also allegedly told the recruiter the specific areas Quinn failed and the answers that would be needed to pass.

Quinn alleges that as a result of the recruiter's " coaching," he lied during the retest and passed, and was offered a position.

He declined the position, allegedly because of the improprieties.

The OI investigation of the allegations found no credible evidence to

Contact:

Richard S. Mallory, OGC, 41465 Infamation in this record was delcted in accordance with t e rerdon of loformatica Act, excmpfas _.._. _ _ _.__ _.

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.i corroborate them.1 Main Line sued Quinn for a j

$5,200 placement fee; Quinn has countersued and named GPU a' potential third party.

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At the time of the original request, FOIA-83-160, i

the investigation was completed but OI was consid-i ering whether to reopen it in response to comments.

by OIA.

The request was denied under FOIA exemp--

tions 5, covering predecisional documents, and 7 (A), covering " investigatory' records compiled for l

law enforcement purposes" whose release wog d

" interfere with enforcement proceedings." l

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OI has since supplemented the investigation with i

several additional interviews.

The investigation-l is now closed and the report on the supplemental investigation is expected shortly.

When the investigation was closed, we telephoned the.

requester, who is Quinn's lawyer, to see whether he wished to press his appeal for the report then, or to wait until the supplemental report was also ready.

He requested that the Commission act on 1

his appeal now.

The report consists of a cover page;. summary; statements of purpose, background, status, and applicable regulatory requirements; summaries of' 11 interviews and one reinterview; notes on j

additional interviews; a review of Quinn's-examination; and a list of attachments.

Attached l

to the report are sworn statements from 6.of the people interviewed; a copy of the employment offer to Quinn; a blank copy of a psychological pre-employment screening report; and_two lists of GPU Nuclear employees and ugsuccessful job applicants (Attachments 9 and 10) 1There is also an OI Report of Investigation, Case Number i

1-83-004, regarding the licensee's handling of the allegations.. It l

has not been requested.

2We have verified with OI that the page labeled at the top "GPU Nuclear Employees and Job Applicants" is actually the first page of Att. 10, not Att. 9 as it is labeled, and that the page' labeled "GPU Nuclear Employees Hired Through Main Line Personnel" is actually Att.

9, not part of Att. 10, as it is labeled.

The last page of the report (Footnote Continued)

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(Footnote Continued) is correctly labeled as part of Att. 10.

OI has distributed errata sheets correcting these errors and several errors on page 22 of the the notes on additional interviews.

The copy of the report in

report, the Secretary's Office accompanying this paper contains the corrected

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In addition, we see no reason ~

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In this light, we see no reason i

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Recommendation:

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OI has reviewed this paper for accuracy and concurs in the recommendation.

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.,Ja$esA. Fitzgerald Assistant General Counsel Attachments:

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Draft response 2.

OI Report of Investigation, Case Number 1-83-003 (available from SECY) 3.

FOIA appeal 4.

Initial denial 5.

FOIA request SECY NOTE:

In the absence of instructions to the contrary, SECY will notify OGC on Wednesday, September 28, 1983 that the Commission, by negative consent, assents to the action proposed in this paper.

1 DISTRIBUTION:

Commissioners OGC OPE OIA OI SECY

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OI Report of Investigation, Case Number 1-83-003 (Available from SECY) 5 b

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JOHN J. KILCOYNE

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ATTORNEY ATLAW 36 SOUTH TROOPER ROAD TROOPER-NoRRISTOWN, PA 19403 3088 (215) 630 0300 May 31, 1983 i

APPEAL FROM AN INITIAL FOIA DECISION ;

Secretary of the Comission U.S. Nuclear Regulatory Comission Washington, DC 20555 RE: APPEAL FROM AN INITIAL FOIA DECISION CFOIA-83-160 NRC Investigation Report 1-83-003

Dear Sir:

Please accept this letter as a formal appeal from the denial issued by Mr. Ben B. Hayes., Director, Office of Investigations, in reference to the above captioned matter.

It is our position that the information contained in 4

the NRC Investigation Report 1-83-003 concerning the psychological evaluation l

process for placement in the nuclear industry specifically at GPU Nuclear at Three Mile Island is certainly within the interest of the public, and denying i

its disclosure to the public is, at best, a travesty. More specific information is certainly not at my disposal in light of the fact that I have been denied access to the above captioned report. I would appreciate the comission's prompt evaluation of Mr. Hayes' decision.

Very truly y urs, e

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J HN J. KI 4E JJVDj CC - Mr. Thoms Quinn

- Mr. J. M. Felton, Director Director of Rules and Records Office of Achinistration Nuclear Regulatory Cormission

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f 3-f60 May 2, 1983 John H. Kilcoyne, Esquire 36 South Trooper Road IN RESP 0ftSE REFER Trooper-Norristown, PA 19403-3088 TO FOIA-83-150

Dear Hr. Kilcoyne:

This is in response to your letter dated March 28, 1983, in which you requested, pursuant to the Freedom of Information Act (FOIA), a copy of NRC Investigation Report 1-83-003.

The report of this investigation is still under review within HRC and has not been finalized.

At this point in time, it is also possible that the investigation may be expanded to obtain additional information.

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Consequently, the report is being withheld from public disclosure pursuant to Exemp(5) and (7)(A).)(7)(A) of the Freedom of Infomation Act tions (5) and (5 U.S.C. 552(b) and 10 CFR 9.5(a)(5) and (7)(1) of the i

Cornission's regulations.

Pursuant to 10 CFR 9.15 of the Comission's regulations, it has biten detemined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest.

The person responsible for this denial is Mr. Ben B.

Hayes, Director, Office of Investigations.

This denial may be appealed to the Connission within 30 days from the receipt of this letter.

Any such appeal must be in writing, addressed to the Secretary of the Comission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision."

DISTRIBUTION Sincerely.

DRR Rdg DRR Subj FWXaras D M.. WM DHGrimsiey EC5homaker J. H. Felton, Director Division of Rules and Records PGNorry

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ATTORNEY AT LAW

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March 28, 1983 i

FREEDOM OF INFORMATION ACT REQUEST Mr. Joseph Felton, Director

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Division of Rules and Recorc,s h Q f. g g.

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RE:

IGC Report 1-83-003 GPU Nuclear (3 Mile Island)

Thomas Quinn Investigator - R. Keith Christopher i

Dear Mr.'Felton:

Confirming our phone conversation of this morning, and pursuant to~ the l

Free 6om of Information Act, 'I am hereby requesting a full copy of lac Re,: ort 1-83-003'.

It is my understanding that you will forward the same to my attention at the above address within-ten (10) days.

Thank you in advance for your anticipated cooperation.

Very truly yo' rs, D

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. 4 J. KILCOYh JJYJbi CC - Mr. Thomas Quinn 5

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