ML20083A331
| ML20083A331 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 05/14/1993 |
| From: | Colapinto D NATIONAL WHISTLEBLOWER CENTER |
| To: | NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20082T309 | List: |
| References | |
| FOIA-93-44, FOIA-93-520, FOIA-93-A-8 NUDOCS 9505100170 | |
| Download: ML20083A331 (2) | |
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NATIONAL WmSTLEBLOWER CENTER 517 Florida Avenue.NW Washington, DC 20001-1850 (202) 667-7515 Fax (202)462-4145 May 14,1993 FO!A DECISION bb&d-y b VPM43 Executive Director for Operations U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Re:
Appeal of May 11.1993 denial. FOI A-93-44
Dear Executive Director for Operations:
We hereby appeal the NRC's May 11,1993 denial ofinfonnation in response to FOIA request no. 93-44. Specifically, we are appealing the total denial of access to infonnation listed on Appendix M of FOIA-93-44 (May 11,1993). For the reasons stated below, we request immediate access, to the investigative repons written by the NRC Office of Investigations ("Ol") regarding items one and three of our original FOIA request.
The NRC-OI investigation, conducted pursuant to 10 C.F.R. Q 50.7, has been pending since March 1992; however, it is our understanding that the 01 reports in that proceeding have long since been completed. The release of the investigative reports at this time will not jeopardize any contemplated enforcement proceedings because allinvestigations by the NRC related to potential enforcement action have been completed.
The NRC's delay in concluding its } 50.7 proceedings is adversely affecting the prosecution of Mr. Saporito's complaint filed against Houston Lighting & Power Co.
("HL&P") before the U.S. Department of Labor (" DOL") under the federal nuclear whistleblower protection statute (sm,42 U.S.C. # 5851), given the apparent overlap between the f 50.7 allegations and the matters pending before the DOL. We are concerned that the problem regarding access to information related to the f 50.7 investigation is a persistent el problem facing whistleblowers whose harassment and intimidation allegations are i
investigated by the NRC. This bureaucratic delay works to the disadvantage of the information by the NRC.
whistleblower who is denied access to crucia{i
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In the event you deny this appeal, hiease infonn us when the NRC's investigative repons and findings concerning Mr. Saporito's { 50.7 allegations against HL&P will become l
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NRC EDO Msy 14,1993 Page 2 available for our review. In addition, we would like to know the following: (1) what is the status of that 50.7 investigation; and (2) what information has the NRC provided to the licensee concerning the s 50.7 investigation?
Finally, if any of the requested information subject to our FOIA request (no. 93-44) has been shared with HL&P we demand that the NRC immediately release that infonnation to us. Exemption 7(A) does not apply to information that has already been shared with targets of a law enforcement proceeding. See, Campbell v. Department ofHealth and Human Services, 682 F.2d 256 (D.C.Cir.1982); Goldschmidt v. U.S. Department of Agriculture, 557 F. Supp. 274 (D.D.C.1983); Coastal States Gas Corp. v. Department of Energy,617 F.2d 854,870 (D.C.Cir.1980). Thus, if any of the requested records have been provided to HL&P, its officials, employees or representatives, then the purposes of exemption 7(A) would no longer be served and the records should be immediately released.
Thank you for your attention to this matter. We look forward to your piompt response.
Sincerely,
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David K. Co apinto
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