ML20070T610

From kanterella
Jump to navigation Jump to search
Notice of Disclosure of FOIA Lawsuit Re NRC Documents Concerning Review of Investigation Rept on Allegations Made by Plaintiff Re Facility Const
ML20070T610
Person / Time
Site: Zimmer
Issue date: 12/27/1982
From: Bates J
U.S. DISTRICT COURT, DISTRICT OF COLUMBIA
To:
Shared Package
ML20070T605 List:
References
FOIA-81-488 82-1829, NUDOCS 8302090100
Download: ML20070T610 (27)
v • d • e


Text

M -

s IN THE. UNITED STATES DISTRICT COURT '

FOR THE DISTRICT OF-COLUMBIA THOMAS APPLEGATE, )

)

. Plaintiff, )

)

v. ) Civil Action No. 82-1829

)

NUCLEAR REGULATORY. COMMISSION,)

)

1 Defendant. )

)

NOTICE OF DISCLOSURE This Freedom of Information Act (FOIA) - lawsuit concerns Nuclear Regulatory Commission (NRC) ducuments related to the I review of an investigative report on allegations made by plaintiff concerning the construction of the Zimmer Nuclear Power. Plant in Ohio, specifically (1) four dbcuments s

generated in the office of NRC Commissioner Bradford and (2)

' numerous documents generated in the NRC Office of Inspector.

and Auditor (OIA). Appended to this Notice is an Affidavit of Ronald M. Smith,.OIA, dated December 23, 1982 (Exhibit A), which describes OIA's original processing of plaintiff's FOIA request and the results of subsequent reviews of that In sum, the NRC has cor, ducted a new search of OIA i

request.

files and contacted present and former OIA personnel involved in the OIA review of the Zimmer investigation to determine whether there were any other documents ia existence subject to this FOIA request. The Smith Affidavit notes in Paragraph 4 that several FOIA requests were submitted on plaintiff's behalf. FOIA-81-407, a request for r

i B302090100 821227 PDR FOIA PDR DEVINE81-488

, _ . . ~ . _ _ _ _

2 4

' the OIA-Report which reviewed'the investigation, is desc'ibad, r though;notiexpressly identified,'in Paragraph!8.

. FOIA-81-488, a request for documents related.to the 0IA-Report,.is the subject of this litigation.. FOIA-82-206, a request for documents related iolsubsequent NRC investigations at Zimmer, remains under review byLNRC.

4 Document 1 (Exhibit B) is a. list of documents identified'as being 'in various OIA files before plaintiff's 1

FOIA reque' t was received. This list was compiled by former:

OIA staff investigator David Gamble in 1981. Smith Affidavit"at Paragraph 6.. The OIA treated this list and-some of the documents from the list as personal'rather than agency records at the time of the. receipt of plaintiff's .

FO A request. Smith Affidavit at Paragraph 9.- Regardless. -

  • of the aierits of that position, .the. NRC. has determined to 4 .

release all NRC documents that are contained on that list'.. ,

t- The documents listed below are being released _in their entirety on this date. Othcrs hhve already been released or are scheduled for release in response to a separate FOIA

-requect submitted by plaintiff (FOIA-82-206), Smith.

Affidavit at paragraph 10, subject to minor deletions to-

! protect personal privacy or an ongoing investigation. For.

i i

p g ,-,. , - -n. - ,

"-o.,-,,p., ., ,~ -,,-m...g-r-~,,,>m--,e----, ,n n. , ---- , ,,,-g- , + -

3 purposes of organization, we have subdivided _the documents.

l'isted on 3xhibit'B into the'following categories:

Documents released on this date; sDocuments released or scheduled for release in response to this and other FOIA requests; and Documents provided to NRC by plaintiff's counsel, the Government Accountability. Project, which are not being i - radistributed.

In addition,_in the course of the subsequent review of the^

subject FOIA request, the NRC identified a number of l documents which had previously been overlooked. Smith Affidavit at Paragraph 11. Finally, several documents retained by Mr. Gamble do;not appear on :his list - (Exhibit Bi

~

and thus' appear below without the corresporiing reference to the Gamble list. NRC is releasing thdse documents in their-i entirety on this date.

4 Tne NRC believes that this accounts for all.OIA documents even arguably subject to plaintiff's equest. On h

l this date, NRC is providing copies of these documents to.the plaintiff and placing copies in the FOIA-81-488 file i

maintained in NRC's Public Document Room at URC headquarters i

{ .

in Washington, D.C. where they will be available-for public-i L review and inspection. The NRC only recently located the documents designated as "X" and "LL" on Mr. Gamble's l'ist.

i Smith Affidavit at Paragraph 12. These documents are among i

i 1

i t

4

^

"those being released on this-date -

. -The'B'adford

r documents are -not being released and1are the only documents remaining.

-in dispute in this lawsuit. See Parrish' Affidavit, filed-

$ith Defendant's Motion for Protective Order, at Paragraph 3.

i

~

I. Documents released on this'date No. Date Designation Description

.per Gamble list ,

(Doc. No. 1)

(Exhibit B)

1. undated --

Documents in OIA Files:

~

list compiled by! David namble, OIA, about October 1981 (9 pages).

2. 12/10/80 H Note to Commissioners from' James J. Cummings,

. Director, OIA, regarding

'MSPB review of Applegate allegations (1 page) .-

3. 12/15/80 - I- Memorandum for James J.
  • Cummings, Director, OIA,

- from Commissioner Ahearne' requesting OIA'to review..

the IE Investigation at Zimmer (with OIA Notations) (1 page) .

l 4. 1/7/81 L Memorandum for the Director, OIA, from Commissioner Ahearne regarding the Office of Special Counsel Letter of December 29, 1980 (1 page).

5. 1/19/81 N Draft Report of Meeting

' between OIA and IE (2 pnges).

6. 2/23/81 U Draft Report of Interview of James F. Donahue (2 pages).

i 9

- - - - . . . , - - , - - , , , , - - _, ,.y , . . . . = m u-r.. , , -, - - - .--,--e v- ,,.w , - . , --.,--y

5 7.. 3/18/81' W Memoranoum forEthe Commission from' James.A.

Fitzgerald,: Assistant General Counsel,-

1regarding the .

jurisdiction of the MSPB over the.Applegate-allegations (5 pages).

8. 3/24/81 X -Note to Arthur Schnebelen from David-Gamble regarding breakdown of allegations.according to IE/OIA investigations (8 pages including

. attachments).

9. 3/30/81 Y Draft' Report of Interview' 4

of Terry Harpster (5 pages).

~

10. 4/6/81 Z- , Draft Summary Report of Investigation (3 pages).

, 11. 4/6/81 --

Draft Report of Reinterview of Gerald ~

. Phillip a'nd Kavin Ward (3 pages).

~

12. 4/7/81 AA Draft Master copy of Sud. mary of Report of:

Investigation (3 pages).

13. 4/7/81 SS . Draft Report of Investigation -(47 pages) .
14. 7/7/81 BB#1 Draft Master Copy of

~ Report of Investigation (46 pages).

15. 7/7/81 BB#2 Draft Master Copy.of Report of Investigation (37 pages). .

s

16. 7/14/81 DD Draft Listing of Welding Documentation (1 page).

f i

, , - -w--. .- , ,- .3-e,i- ,

-w - , , -- - ~ . , .e-- 1 - , y- - - - , - -

. 6

17. 7/16/81' EE Note to James'J. Cummings and-Arthur Schnebelen from John'Sinclair.

attaching for their review a draft Beview of-Welding Records Report-(7 pages).

18. 7/22/81 GG Draft Review of Welding

-Records Report (6 pages).-

19. 7/22/81 HH Draft Review of IE Inspector's Manual (3 pages).
20. 8/10/81 . LL - Note to David Gamble from John Sinclair regarding annotations (1 page).
21. . 8/19/81 NN Note to Dudley Thompson,

. IE, from Arthur

! Schnebelen, OIA, providing a copy of the.

OIA Zimmer Report (1 page).

22. 9/15/81 --

Draft Memorandum for the

  • Commissioners from James
  • i J. Cummings,. Director, OIA, regarding FOIA request for the OIA Zimmer Report (2 pages).
23. undated CC Pages 38-46 of Dra'ft Master Copy of Report of Investigation .(10 pages) .
24. undated II Final Report with a interviewee's comments on reinterview (David Gamble's copy -- 45 pages).
25. undated OO Draft Summary of Report of Investigation (3 pages).
26. undated PP Draft Review of Weld CY 606 (1 page).

i r- , ,w- , - - --w, , - - , , -aw,-.,-- ,--,,y,y -

,,,-,,,.-e ,,,- , n y , - - ,-,e , , - ,., ,- -r-n- e

, , .. _ . . ~ . . . . -

l - - -

- :7 r.

27. ~unda'ed t QQ Draft 1 paragraph regarding
  • OIA review of weld packages (1 page) ..
28. undated RR . Draft / Review of Welding Records (2 pages).
29. undated- TT Draft'"Detai'.s" section of Report ( 4 2 L page s )".
30. undated UU- Draft Summary of Report ~

(3 pages).

31. undated VV, Draft Summary of Report (3 pages).
32. undated WW Draft Summary of Repo~rt

-(3 pages).

33. undated XXL . Draft'ReportJand .

Transmittal Memorand'Im-(46 pages).

i 34. v7 dated YY. Master-Copy.of1 Final.

. Report ch'anged as 'of 8 / 7/ 81 ,(4 3 L pages) .

,?S.- undated ZZ Work Copy of Final Reporth i (45 pages).

' 3 6. undated AAA Handwritten Paragraph (1 page).

37. undated- -- Draft ' Background' section of Report (1 page).
38. undated -- Draft " Details" Report of Meeting-with Region III Personnel (2 pages).
39. undated -- Draft segment of Rcport (1 page).
40. undated --

Draft Report of Interview of Gerald A. Phillip '

(12 pages).

1 1

41. undated --

Draft Report of Interview cf Welding Inspector (3 pages).

. 8-

- 42. undated --

- Draft' Report of' Interview

. of Charles 1:orelius (4~pages).

43. undated --

Draft Report of Interview of Chief, Reactor.

. Construction and-Engineering Support Branch (1 page).

44. undated ----

Draft Report of Interview

. of Chief, Materials and

- Process Section (1 page).-

45. undated --

- Draft Report of-Interview-of Chief, Projects-Section' (1 page).

46. undat.3d --

Draft 1 Report of Interview of Chief, Security ~

Section'(2 pages).

47. undated --

Draft Report of. Interview of Regional Director (3 pages).

48. undated --

Draft Report of Interview-of foxmer project

' inspector (5 pages). .

49. undated - -- Draft Report of interview
  • of IE investigator (4 pages).
50. undated --~ - Draft Report of Interview of Terry-Harpster (5 pages).
51. undated .

-- Draft Review of Welding Records (1 page).

i II. Documents released in response to FOIA-81-407 Designation per Gamble list (Exhibit B): KK.

g - m y - - . - . - . . ,-_+-.2 -., -rr- .>. ,-,7mewn ,py, e--+-v..,= - ..wm-y-.----,.~y -- ,w-+--e-- - - -

9. -

~

III. Documents previously released in response;to.

FOIA-81-488 Designation per ' Gamble list (Exh'ibit. B)':- K, M,'O, R,1 V , ,

JJ, MM.

IV. Documents scheduled for release in response t'o FOIA-82-206

~

Designation per Gamb'le: list (Exhibit B): A, Al-ll', B, C, J (w/o attachments) , Q, Land FF (referred in) originating agency-for releaseJdetermination).

V. Documents provided to NRC by. plaintiff's counsel, the Government-Accountability Project, which are not being redistributed Designation per - Gamble list. (Exhibit B) : 'D, E, F,G,s

' J1- 13, P, P1-13, S,'and T. ,

The following four documents rem in~at issue-'in this ,

lawsuit:

(1) September 29, 1981 memorandum to Cenmissioner

- Bra 6 ford from Legal Assistant' Thomas R. Gibbon re:

Public Release of OIA-Report on Zimmer.  ? page.c.

(2) October 21, 1981 memorandum to Commissioner Bradford from Legal Assistant Thomas R.' Gibbon re:

4 Udall letter on Zimmer, with handwritten comments.

' 1 page.

(3) Octobe: 29, 1981 draft letter to Congressman Udall .

' with handwritten comments of Commiss.ioner Bradford and Thomas R. G'bbon. 2 pages.

(4) October 30, 1981 memorandum to-Chairman Palladino

' from Commissioner Bradford re: Proposed Draft

! Letter tc Congressman Udall regarding Zimmer'.

i 1 page.

l

-- 2. - , ,, -m-. , m- r p--c-, m.. g% vs ..y,-mm s -1,,, ,,.m-- ,- .. , ,,,--eiy-,# +, w w w- y mym 7 ,---w + - , _ - . .e ,,-w ,,-e,m,- +v--,+,

. . . . - . .-- ._- , .~.

2. ,

10 e

I. NRC: expects to file 'a -dispositive motion addressing these-

- 4

- documents.within two weeksLof this Notice of' Disclosure..

Respectfully. submitted,- -

t-

'I JOHN D. BATES

-Assistant Unit'ed States' Attorney

- Of Counsel:

T MARK E. CHOPKO

~

=

4 RICHARD A. PARRISb-Attorneys

- Office of the General Counsel i Nuclear Regulatory' Commission Washington, D.C. 20555 r

5 e

G g .

+-wsM -wr7-y+-eeg- e"e.evt..a.gre.e ...%

4 UNITED STATES-DlSTRICT COURT FOR THE DISTRICT OF COLUMBIA

)

THOMAS APPLEGATE, )

)

Plaintiff, )

)

v. Civil Action flo. 82-1829 NUCLEAR REGULATORY C0". MISSION, )

)

Defenaant. )

)

)

)

AFFIDAVIT OF RONALD M. SMITH 6 ,

=A 4 e -

,4 IN'TH2. UNITED' STATES DISTRICT ~ COURT

~FOR THE DISTRICT OF COLUMBIA

)

Thomas Applegate, ~

)

. )-

Plaintiff, )-

)

> 'v ) Civil Action -

) No. 82-1829 U.S. Nuclear Regulatory Commission,

).

)-

Defendant. )-

)

)~

1 AFFIDAVIT OF RONALD M. SMITH y . .

State of Maryland )

i County of Montgomery ) ss.:

)'  ?

Ronald M. Smith, being duly _ sworn, deposes and says:

I i 1. From January 27, 1980, to the present, I have been employed as a

! Senior Criminal Investigator, GG-1811-14 in the.0ffice'of Inspector and Auditor (0IA), U.S. Nuclear Regulatory Commission (NRC),

~

I  !!ashington, D.C. 20555. In addition, I am licensed to practice. law in Oklahoma and Virginia and before the U.S. Court of-Military Appeals and the U.S. Supreme Coart. During my previous tenure'as a Judge Advocate General Officer with the U.S. Army in Europe (December 1972-July 1977) and as an Attorney-Advisor to the U.S. Army Criminal Investigation Command, Falls Church, Virginia (July 1977-January 1980), I had both substantive training and considerabic experience with handling documents pursuant to the Freedom of Information Act I (FOIA). During nv present tenure, in addition to other duties, I i have been the primary individual within 0I A responsible for the processing of all F0IA requests submitted to the office for action.

i l

l l

l t

. _ - - _ . - _ __. _ , . , __ _ , . _ , _ - __ . _ _ _ _ , - , _, .. ~ . .,___ , - - .

s .

4 -

2. My statements below regarding the. abo'a titled civil 'etion are based either 'on direct personal _ knowledge or upon infoncation which has come to my attention in the course of my' official duties and upon which I rely in the discharge of those duties and which I believe to be true and correct unless expressly qualified by me.

The purpose of this affidavit is to recount processing of.the original F0IA request which is the subject of the above referenced civil ection~and, subsequently," actions-concerning that. request or related to it.

3. 01A is organized basically along functional lines -_ investigative and audit. Within the investigative function there is.one basic file system, i.e., investigative case files and three supplemental-file systems, i.e., investigative administrative / reference' files, FOIA/ Privacy Act request files and travel files for the investigative staff. . Investigative files ~are filed in case-number sequence.

Case numbers are assigned as cases are opened based on Fiscal Year, e.g., the OIA investigation of how well Region III of the NRC.

handled the Applegate-allegations was opened as case number 81-18.

An index card system is maintained which cross references case titles (subjects) with the specific case' number. The files are maintained in locked containers on a key.ctrd controlled access floor of the-buildina. -

4. In this case, I was dealing with two 01A investigative files, i.e.,

81-18'and 81-39 and with three separate F0IA requests from-the

~

plaintiff's representative, GAP, which are identified within the NRC as F0IA 81-407, FOIA 81-488 and F0IA 82-206. . File . number 81-18

was the original 0IA investigation into Region III's' handling of L the Applegate allegations. File number 81-39 was an additional file concerned with an intended investigation into construction -

defects . allegations which came to the attention of 01A investigators' i

in the course of conducting the investigation identified as 81-18.

l Case number 81-39 was opened on or about May 5,_1981, based on av

review of the index cards and the office monthly activi'y report for May 1981. An additional file which impacts on this matter is-

-the "Lowenstein request". identified as F0IA 81-376 which will be j further discussed below. ,

i

5. Documents filed within case files no-mally must be approved for filing by tne Director, 01A, but in any case by the Assistant Director for Investigations. Drafts, extraneous notes, etc., are '

l not maintained in the files and are purged from the files if found '

to be placed in the files by mistake. 'This policy was developed in-about March 1980 and confirmed in a memorandum to the 01A staff by

' Mr. Cumminas dated June 20, 1980. In pertinent part, Mr. Cummings

~

i

'.. . , _ _ - . - ~ . - ..._ -...---_ ,-._ _ ___ __ _ - - _ .

directed that " File folders are not to be used to store drafts of '

reports, interviews or memos. Once a communication is finalized, drafts (except in the case of an officially transmitted audit -

memorandum or report) notes and other miscellaneous natters are to:

be removed from the office filing system . keep them at home if you-wish."

6. From a recent conversation with David Gamble, formerly an investigator with OIA, I-have learned that in response to a request from Douglas Lowenstein of the Cox Newspaper chain (F0IA 81-376), Mr. Gamble prepared a -

list of documents in OIA files and in his personal files which he felt were responsive to Lowenstein's request. This list included earlier draft versions of parts of the OIA Zimmer report (81-18). l Hewever, subsequently, Mr. Lowenstein told me that, for purposes of 1 his FOIA request, he was not interested in any t'ocuments created '

before issuance of the OIA report. Lowenstein was provided with a copy of the final report and several other final documents issued after the final report'on or about November 17'and 21, 1981, according to correspondence in the F0IA 81-376 file maintained in 01A.

7. Subsequencly, and I cannot recall when specifically, Mr. Cummings met with the investigative staff to discuss the presence of drafts and other extraneous meterials in official files. In. sum,11r. Cummings again directed that on;y final documents, which had been approved by him or the Assistant Director for Investigathns would be included in the official office' files. Helfurther adv.ised that he had no objection

~

to our keeping or taking home for' personal retention drafts or other -

such documents. He emphasized that~he did-not want such documents in uis files. Upon'information and. belief, all official files were examined for drafts and other extraneous materials still*in them. All such documents were removed.

8. On October 7,1981, GAP requested in writing the 01A Zimmer report and in so doing referenced an earlier oral request for the report. Whe'n the OIA Zinmer final report and associated documents were provided to Lowenstein and a third requester, these documents were also provided to CAP according to our files (on or about November 17,198i).
9. As indicated in plaintiff's complaint (paragraph 5), on November 23, '981, a request was submitted for several categories of reccrds "in connection with" the OI A Zimmer report, as well as the investigation -(file flo. 81-18,
  • as described above). The request (F0I A 81-488) was apparently received by the FOIA Branch and forwarded tc OIA on November 30, 1981, according to our files. Upon information and belief, lir. Gamble produced a set

- -. . _. ~. - -. _-,-, . - . - _ , - --- -.

x . .a .

-of documents, not1found in official files, but nonetheless retained

- by : him._ He said they were responsive to the request. OIA management' took..the_ position that.these documents' ceased ~to-be agency' records-whent removed from officialLfiles. At _01A' management direction,- I-drafted the response from OIA to the'F0IA Branch' dated December 9, 1981, which listed documents-for release and other dccuments generated .

by other offices of NRC which were in_our file _81-18'and appeared.

relevant-to the request. 'I was-told we had _no drafts and my response was silent on them. On appeal to the Commission, 01A took the same position.

10. On April 22, 1982, F0IA. Branch forwarded a GAP request; dated' April 20, 1982-(F0IA 82-206) which in essence._ asked for all documents or--

other information'" connected with NRC IE' Report 50-358/81-13." The e appeal ~of that request is still pending in the NRC. In the course of these agency deliberations, all of the. documents in OIA File 81-39 (which with the documents.in CIA File 81-18, see paragraph 4, supra, constitute all the OIA infomation) are being processed for release. !1ost of the documents and information' contained in them

~

have already been released. To my knowledge, no final action has been taken.

11. In November 1982, OGC requested that Mr. Cummings review various documents provided by Dave Gamble -- a lis.t prepared by Dave in-connection with Lowenstein's-request addressed above and many cf the documents on the list. Using the list, I searched 01A files ,

81-18 and 81-39ifor documents which I could not.othe'rwise account 4

for, i.e. , either provided by Dave, previously released, 'or.

originated /provided by GAP _. This page by page' search turned.up five additional documents in the files', but: not previously identified. ~-

l Three of the documents were not generated by OIA. Normally, it-is.

NRC practice for the office originating the document to be responsible for its identification in response to any F0IA request. The two ,

other one page documents are.01A documents contained in the 81-18 file. I simply had overlooked them during my earlier reviews going

back to July 1982. I understand that all of the documents on Dave's list, and not already in the possession of GAP, are being L released.

l- 12. I was unable to locate at all two documents .dentified by Gamble in ,

L his list as documents "X and LL." At the request of OGC and Mr. Cummings, '

I contacted both fir. John Sinclair, formerly an investigator with OIA, but currently with the recently fomed Office of Investigations, and Dave Gamble to determine if they had any further documents, 7

t personal or otherwise, connected with the OIA Zimmer . investigation.

I particularly asked ! oth if they had copies of the "X and LL" documents. Sinclair advised me that he had no documents not previously l

I k.

o.- .

, n.'

identified in Dave's list and -specifically did not have docur.ents "X and LL." Dave at that time . stated that he had provided OGC with all the documents he had in his possession. I also checked the index cards and could find no reference to the two documents (ni the

. cards for either file (81-18 and 81-39). Additionally, I : talked to:

Art Schnebelen, Mr. Cummings, and Al Puglia (also an O!A -investigator -

who worked on the Zimmer case at one time). All indicated that they had no documents in their personal-possession concerning' either Zimmer file (81-18 or 81-39). On December 22, 1982, I-talked with Dave ~and he advised me that the previous evening, in going' through various matters stored in.his basement, he had found copies of the two missing documents and said that he had advised

. Rick Parrish, OGC, of that fact and was forwardina them to him. (I approached all of the above persons because either they at one time -

had acted as invertigators on the Zimmer matter or had been involved in the preparation of tSe OIA Zimmer report.) I am satisifed that all documents generated by OIA and currently within file 81-18 have been identified to GAP. Further, all documents within OIA 81-39 generated by DIA and responsive to F0IA requests'81-488 and 82-206 have been identified to OGC for release or denial as deemed appropriate.

I declare, under penalty of perjury, that the foregoing is true and correct.

Executed dn December 23, 1982. -

Sk.

Rc.ald M. Smith enior Criminal Investigator

.0ffice of Inspector and Auditor-U.S. Nuclear Regulatory Commission ,

Washington, D.C. 20555 e 8 t

9 6

- ,--- , - , _ _ . , , - - . , - - , . -,,,--..,4 ,

. . }ccopglYi3 iN v it, 7 n.9 y -

g .

s. '

A.- File Transfer Record to Terry Harpster, ~IE fm Dave Gamble, '01 A, dated 3/9/81, transmitting Harpster's personal file re -Zirxner.

1. Memo G. Gower im J. Keppler, re Zirr. m er - Report of Investigation into Licensee Statements at ACRS Subcommitte.e Meeting, dated 7/31/?9.

Attachment:

a.. Letter Borgman~n fm Keppler, dtd 7/31/79,.

re . investigation by IE- re accuracy of statements re staffing of Zimmer made by licensee during meeting with ACRS. w/ attach.

Region III Report No. 50-358/79-21,'for Investigation May 21-24, 1979.

s t

[x b / h / f O Civil actum tjo.

[z-1229

[.

2. Memo Thompson fm Keppler, re Errc eous Statements Provided By-Applicant at Zimmer ACRS Subcommittee Meeting (AITS 'f 30488H6),

dated 4/10/79

Attachment:

Statement of Facts Re Erroneous Info Given by fpplicant at Zimmer ACRS Subcommittee Meeting.

~

3. Memo Keppler fm Thompson, re Apparent False Statementsuby Applicant 'at Zimmer ACRS Subcommittee Meeting (AITS F30488H6),

dated 5/2/79.

Attachment:

Ltr Keppler fm Borgmann re Region III wishes to interview CGLE re statements made to ACRS, dtd 5/18/79.

4. Transcript of Testimony of Mr. Schott before Mr. Bender.(ACRS) 4 pp only, undtd.

-5. Transc.ript of Testimony of Mr. Borgmann'before ACRS - 20 pp only, undtd.

6. NRC, Region III . Press Release #79-12, dated 3/22/79.

Attachment:

Ltr Hendrie fm Carbon, re Report on William H. Zimmer Nuclear Power Station, Unit 1, dtd 3/13/79.

s e

e

+

e 9

I!

e T

e

. e e a

j.9_i

~

(.. ,

7. Package c.1taining:

'a. Terry L. Harpster Statement, dtd 5/22/79

b. Jchn E. Menning Statement, dtd 5/21/79

-c. One page note containing n,ames beginning with " Monday-Peter Baci" ..

8.. Draft Investigation re Apparent False Statements by Cincinnati Gas & Electric Co. Investigetor: Peter E. Baci. ON:50-358. (missing p.14).

9. Ltr Borgmann fm Kepp'er, re inspection conducted by T. Harpster and to discussions of our findings with Borgman, Salay, Schott and others, dated 8/2/78.

Attachment:

Region III, Report No. 50-358/78-11, for inspection on May_23-26 and June 22-23, 1978, by Inspector T. Harpster, dated 7/31/78.

10. Ltr Borgman fm Fiorelli ra inspection conducted by T. Harpster February 28 & March 1-3,1978, dated March 22, 1978.

Attachment:

Region III Report 50-358/78-06 at Wm. H. Zimmer Site, conducted by T. L. Harpster on Feb. 28 and March 1-3, 1978.

11. " Attachment 13A, Table of Contents" e

O e

e e

9

  • O o

4 vr=~ -- . - , . , _ . ,. , _ _ _ _ , , , _ _

e  %

B. Draf t Investigation re - Apparent False Statements;by Cincinnati Gas i and Electric Co. , Investigator Peter E. Baci, No. DN: 50-358.

( W d;icas). -

v>/c oadssb-r C. Ltr Borgmann fm Keppler, re invcstigation conducted by P. Baci on May 21-24, 1979, at ZimTar Plant, dated August 3,1970 _

Attachnent:

Region III, Report No. 50-358/79-21, Investigation on May P1-24, 1979.at Zimmer (w/ conclusion; deleted).

w/ attachm6nts: Statements by T. Harpster; J. Menning; J. Schott and letter Borgmann to Keppler, dated May 18, 1979.,

D. Affidavit of James C. Huwell dtd 6/22/80.

E. Witness List, Government Accountability Project, Zimmer, July 1980.

F. . Memo Clark fm Tom Devine, dtd 7/2/80, re 7/2/80 conversation with Pat Dinsler on Zimmer Plant.

G. Memo Eastwood fm Government Accountability' Project, dt'd 10/30/80, re Suggested Checklist of Items to Evaluate Whether Reports Submitted under 5 USC 1206(b)(3)' Include Info Required by 5 USC 1206(b)(4).

H. Note to Conmission fm Cummings, dtd 12/10/80, re T. Applegate's letter which was submitted by Government Accountability Project for review.

I. Memo Cummings fm Ahearne, dtd 12/15/80 re T. s. Applegate Allegations--

rqst DIA conduct investigation to see if IE conducted adequate l

investigation re Zimmer. (w/ handwritten notations).

1 .

l 1

s-l . .

t- . - -

?

>. s

~

J. Ltr'Ahearne.fm Eastwood, dtd 12/29/80,. enclosing info transmitted pursuant to 5 USC 1206(b)(2).

~

Attachments:

1.- Ltr Eastwood fm Clark, 12/10/80 re GAP represent,ing T. Applegate- _

in request for investigation re Zirnier .

2. Ltr Eastwood fm Clark, dtd 12/15/80 re Applegate- authorized GAP lto disclose his name to anyone within Government.

~

3. GAP Petition before the Office of Special Counsel of Merit Systems Protect.jon Board-Request for an Investigation pursuant to 5 USC 1206(b)(7) on behalf of.: Thomas Applegate.

. Exhibitsr

- #1 Region III, Report of Investigation No. 50-358/80-09 for the period April 7-9 and 30, and May 1-2 and.20,1980 re Zimmer.

6 .

e 8 .

g i

e

.  % e I' .

i l

. - - -- , < - - - ~ - -,,,,.,n.- , , . . . .... ... .,, , ,, n-,-- ., , , - , ----.,,,-n , -. - . - - - , ,

. .t- .

[- .

r 1 -

f2.. Ltr Cox fm Altercuehle dtd 12/5/79, re.CG&E checking , possibility h

of misconduct re-construction at Zimner.

f3. Affidavit of Thomas W. Applegate, Jr. , dtd 6/6/80, b[N- !4. Investiga ' Reports and Summaries (4) re Under Cover Investigative

'9,; .

Activitie at Zimmer Plant submitted by Major W. Cox, s

-[ !5. Toll calls of Harry V. .Means thru 3/10/80.

.c #6. Ltr Applegate fm Phillip, dtd 3/11/80 re meeting on 3/3/80. ,

(I !7. Portions of GA0 Report EMD-79-16-dtd 1/26/79. .

l !8. Portions of GAO Report EMD-78-80 dtd 9/7/78.

i9. Portions of IE Investigative Report re South Texas Nuclear Project.

c/[ #10. Transcription, Conversation between Applegate and Alredge(sic).

'y ill. FBI Shifts Charges to NRC.

il2. ' Memo C-lark fm Devine, dtd 6/13/80 re Verification of Allegations 41 in Applegate's 6/6/80 Affidavit: Riga Giordano.

& !13. Memo Clark fm Devine, dtd 6/12/80 re Verification of Allegations y in T2- Applegate's 6/6/80 Affidavit: Joan Mearr.

/

O N

e o

e b

I e

b e

6 # $

- - - . - , , ---- ,,--y .-- - y v -- - -

Y~ .

K'. Memo Ahearne. fm Cummings, dated 1/5/81, re Thomas W.. Applegate

. Allegations.

U. Memo Cummin'gs fWi Ahearne dated 1/7/81., re Office of Special Counsel Letter of. 12/29/80 rqsts NRC report by early~ March.

M. Memo Phillip fm Stello, dtd 1/16/81, re Merit System Protection' Board Charges by IPS .

N. . Report of Meeting between 01A &. IE, Region III (draft dtd 1/19)

O. Memo Keppler fm Fortuna, dated 1/29/81,: re Confidentiality and Restriction of Info forwarded by OIA P. Memo Schnebelen & Sinclair fm Devine, dtd 2/4/81 re Witness List from January 28-31' Cincinnati Visit Attachments:

1. Affidavit ~ Jeffrey J. Hyde dtd 1/31/81
2. Affidavit - Stephen D. Harris, dtd 1/31/81 -
3. Affidavit - Edwin P. Hofstadter, dtd 1/29/81
4. Affidavit - Thomas Dean Martin,' dtd 4/28/79  !
5. Affidavit.- Gorman L. Reynolds, -dtd 5/21/79

- 6. Affidav'it - Robert Anderson, dtd 5/22/79 7.ZimfsdaS0ppression Pool Problems, dtd 1/9.5/81,las related by

. Donald O' Daniel.

8.Ltr Anders fm Hofstadter, dtd 8/18/78 reporting nonconformance to 10CFR50 requirements & specifications at Zimmer.

9. Statement of - Edwin Hofstadter, undtd. -
10. Report of Findings at Husky Product, INc. on 10/30/74 - submitted by Lee Spievack.

- 11. H0 sky - Sequence of Events, dtd 10/,6/78.

2

12. Affidavit - Donald Blanch, dtd 6/26/79...
13. Ltr Borgmann fm Heishman, dtd 12/21/78, re investigation conducted by IE, Sept 18-22 & 28-29, 1978 at Zimmer Attachments: Appendix A - Notice of Violation Region III Report of Investigation No. 50-358/78-21. '

y

  • e e

B -

.  % O e

>'e

?

4.. .-

Q. Ltr Clark fm Cummings, dtd 2/4/81, re confirming meeting between 4 GAP & OIA.

R. Memo Stello fm Cummings,ldtd 2/10/81, re Transfer' of Documentaticn Provided by Government Accountability Project (2/9/81).

S. Memo Clark fm Devine, dtd 2/11/81, .re Summary of 2/1/81 Telephene Interview w/Vic Griffin.

T. Memo Clark fm Devine, dtd.2/ll/81, re Summary of 2/1/81 Conversation w/ Tom Martin.

U. Report of Interview - James F. Donahue. (Draft dtd 2/23)

V .' Memo Stello fm Keppler, dtd 3/17/81, re Investigation of Applegate Allegations Related to Zimmer. w/ handwritten notationsb)y Davis & Cummings.

W. Memo Commission- fm Fitzgerald, dtd 3/18/81, re jurisdiction of Merit Systems Prorection Board over Applegate Allegations:

Attachment:

Justice Dept. Opinion.

X. Note to Art fm Dave, dtd 3/24 re Cumi6gs asked.for breakdown of GAP /Applegate allegations ~to show-which being handled by IE & which by OIA.

Note to. Dave fm Art, no date, no further action necessary.

Draft-Allegations Raised in GAP Documents.

Y. Interview of Terry Harpster (draft, dtd 3/30/81.) '

2. Draft Report of Investigation, dtd 4/6.

AA. Master Copy of Summary, dtd 4/7/81 BB. Draft Master Copy of' Report, dtd 7/7/81.

CC. Pages 38-46 of report with.bandwritten notation to eliminate them from report.  :

DD. Listing of Welding Documentation (Draft dtd /14/81) e G #

e

c._ ..

f. . .

EE.

for their Note' reviewJim

" Review and Artof Weldingfrom John, Records"datedReport 7/16/81, attaching (draft section -

re Zimmer of report).

FF. Ltr Cummings fm Tracey, dtd 7/20/81. re Tracey AUSA conducting -

Zimmer investigatica & wishes to b'e advised of status & completion date.-

GG. Review of Welding Records (draft section of report), dtd 7/22,w/ notations.

i!H. Rbview of IE Inspector's Manual (draft secitan of report), dtd~ 7/22 w/ notations.

II. Marked Up Copy (Gamble's) of Final Report re Special Inquiry of Adequacy of IE Investigation 50-358/80-9 at the William H. Zimmer-Nuclear Power Station. ..undtd.. w/ interviewee's comments on reinterview noted in margins. y JJ. Memo Comission fm Cumings', dtd 8/6/81. re' Cumnings personal response '

to alleaation about him.

KK. Memo CoIrmission fm Cumings, dtd 8/7/81 w/ enclosed final report of-investigation re Adequacy of IE Investigation 50-358/80-09 at the

. William H. Zimer Nuclear Power Station' also dtd 8/7/81.

LL. Note to Dave fm John, dtd 8/10/81, discussed annotations with "

George & explained purpose t2' t7f:.'

i MM. Ltr Tracey fm Cummings, dtd 8/17/81. enclosing copy OIA's report of investiaation re Zimmer. -

~

NN. Note to Thompson fm Schnebelen, dtd 8/19/81, attaching copy 0IA's report of investigation re' allegations by Applegate re Zimer.

00. Draft Sumary of Report,' undated w/ notations.

l Draft Review of Weld Documentation Package for Weld Cy 606, undtd PP.

QQ.

Draft Paragraph for report re OIA review of weld packages ,

RR. Review of Welding Records (draft section of report) andtd.

SS. Draft" report, undtd.

TT. Draft of Details section of report undtd w/ notations.

UU. Draft - Summary of Report VV. Draft - Sumary of Report .

WW. Draft - Summary of Report w/ portions marked that were later deleted L from final. . . .

fepF a d Ne n& m%r* A e~ J^ Y M' ' ' '

n. %)t

\ yy. w aq.x ~aA w hc Gr, ' -

(q7 (seksdek. o FL J $<( J , A M J, 2z. %kk g

~mes ca A sa u 4, AAh LJ.A f~y b y J. G. s, o., hy ,

~

l l

i

-v+--= , - - , g- g-- s<m m mem-- ,m e- F m-- g m m p - - n- -n-

1 p # . rf CERTIFICATE OF' SERVICE-1 I HEREBY CERTIFY that service of'the foregoing Notice of Disclosure has been'made by mailing a copy thereof to plaintiff's counsel, Lynne Bernabei, Esquire, Government

. Accountability, Project of,the Institute for. Policy Studies, 1 . 1901.Q St.eet, N.W.,' Washingten,.D.C. 20009 on.'this.27th day of December.1982.

RICHARD A.:PARRISH Attorney-Office of the General Counsel U.S.' Nuclear Regulatory Commission Washington,.D.C.. 2'0555-

~

(202) 634-3224-J

% e O

Retrieved from "https://kanterella.com/w/index.php?title=ML20070T610&oldid=2707211"