ML20092C475
| ML20092C475 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 08/11/1995 |
| From: | NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Saporito T SAPORITO, T.J. |
| Shared Package | |
| ML20092C478 | List: |
| References | |
| FOIA-95-80 NUDOCS 9509130013 | |
| Download: ML20092C475 (4) | |
Text
v.a. sevwLcan ncuvLa e urs e ovmmimvrv NRC F06A REoVEST NUMBER (5)
FOIA 80
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go RESPONSE TO FREEDOM OF xxlRNAL (3rd) l l PARTIAL INFORMATION ACT (FOIA) REQUEST out AM 11 1045 om.
DOCKET NUMBERis)(If apphca6/e')
REQUESTE;J hr. Thomas Saporito PART 1,-AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedboxest No agency records subject to the request have been located.
l.
N2 additional agency records subject to the request have been located.
Requested records are available through another public distribution program. See Comments section, Agency records subject to the request that are identified in Append;x(es) are already available for public inspection and copying at the l
NRC Public Document Room,2120 L Street, N.W., Washington, DC.
Agency records subject to the request that are identified in Appendix (es)
E are being made available for public inspection and copying l
X st the NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FOIA number, f
The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made available l
for public inspection and copying at the N RC Public Document Ro, m,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.
Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the NRC Local Public Document Room identified in the Comments section.
Enclosed is information on how you may obtain access to ar d the charges for copying records located at the NRC Public Document Room,2120 L Street, Nfl, Washington, DC.
w y
Agency records subject to the request are enclosed.
Records subject to the request have been referred to another Federal agency (ies) f. review and direct response to you.
y Fees 183.00 You will be billed by the NRC fcr fees totaling $
, You will receive a refund from the NRC in the amount of $
.I
.e view of NRC's response to this request, no further action is being taken on appeal letter dated
, No.
PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Cert;in information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Part 18, B, C, and D, Any released portions of the documents for which only part of the record is being withheld are being made available for public inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number.
COMMENTS
- The records identified on enclosed Appendices E and F are the last of the records you chose from the listing sent to you on March 7, 1995, as being responsive to your request.
Copies of Appendix E records and the releasable portions of Appendix F records are eneLosed.
The fee for the processing of your request is noted below:
Duplication - 1,015 pgs. (100 pgs. 0 no charge) -
S183.00 915 pgs. @ $0.20 per pg.
=
You will be billed by NRC's Division of Accounting and Finance for this amount.
This completes NRC's action on your request.
9509130013 950811 PDR FOIA SAPORITO95-80 PDR
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NRC FORM 464 (Part II (1-91)
Foia feuMB Ms) oATE RESPONSE TO FREEDOM OF INFIRMATION ACT (FOIA) REQUEST FOIA 80 t
(CONTINUATION) i i 1995 l
PART u.B-APPLICABLE EXEMPTIONS F
are being withheld in their entirety or in part under the Records subject to the request that are described in the enclosed Appendix (es)
Exemption No.(s) and for the ressm(s) given below pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of N RC regulations.
- 1. The withheld information es properly classified pursusnt to Executive Order. (Exemption 1)
- 2. The wethheld enformation relates so6ely to the intomal personnel rules and procedures of NRC. (Exemption 21 l
l 3, The withheld information is specifically esempted from public disclosure by statute indicate 1(Exemption 3)
Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerfy Restricted Data (42 U.S.C. 2f 612165),
Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167).
- 4. The withheld informaison is a trade secret or commercsal or imancial it format on that is being withheld for the reasontsi indicated. (Exemption 4)
The information es consedered to be confidential businesa Iproprietaryl information The enformation es considered to be propnetary mformation pursuant to 10 CFR 2 790 ldh 1L The enformation was submitted and received in confidence pursuant to 10 CFR 2 790ddH2l (Exemption 61. Apphcable Privilege:
l6, The withheid mformation consists of mteragency or mtraagency records that are not a. islable through discovery dunng litigation
' Deliberative' Process UIsclosure of predecisional information would tend to inhitut the open and trank enchange of ideas essential to the deliberative process Where records are withheld an their entirety, the f acts are mentricably intertwmed with the predecas.onal mformation There also are rio reasortably seiyegable f actual portions because the release of the f acts would permit an indirect inquiry mto the predecisional process of the agancy Attomey work product pnvilege (Doc uments prepaeed by an attorney in contemplation of litigatsun i Attorney chent privilege. (Confidential communications between an attorney and his/her cleent.)
mation is enempted from public disciosu e because its disclosure wovid resuit in a cleariy unwarranted mvasion of personal privacy (Exemption 61 r
- 6. The withheld se
- 7. The withheld mformation consists of records compiled for law enforcement purposes and is being withheld for the reasontal mdicated (Exemption 7)
Disclosure could reasonably be expected to interfore with an enforcement proceedmg because it could reveat the scope, direction, and to ss of enforcement efforts, and thus could possibly allow recipeents to take action to shield potential wrongdomg or a violation of NRC requirements from mvestigators. (E nemption 7 ( All Disclosure would constitute an unwarranted invasion of personal pnvecy. IExemption 7(Cl)
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The mformation consists of names of individuais and other information the div.c susure of whir.h could seasonably be enoected to seveal identit.es of confidential sources. (Exemption 7 (DI)
OTHEH i
l PART ll. C-DENYING OFFICIALS Pursuant 1310 CFR 9 25fbl and or 9 25tc) of the U S Nuclear Regul story Commission regulat ons. et has been determined that the information withheid is exempt from pro-duction or disclosure. and that its product'on or d sciosu e is contrav y to the pubbc mierest The persons responsible for the den ai are those officiais identif.ed below as denymg r
i officials and the Drrector, Division of Freedom of Information and Pubhcai<ons Serv ces. Off >ce of Adm n'strat on for any den.als that may be appealed to the Esecutive Dacetor I
for Operations (E DO).
l Of NYING OFFICIAL TI T L E < OF FICE FIECORDS DENTED APPELLATE OFFICIAL EDO SECRETARY IG j
l Guy P. Caputo Director 01 App. F X
s 1
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l PART 18 D-APPEAL NGHTS The denisi by each denying offic,ai sdenu..d in es,1 n C may be appoied io the Appellate Official identif,ed there. Any such appeal must be made m writmg within 30 days of receipt of th) response. Appeals must be addressed. as appropriate. to the Executive Director for Operations, to the Secretary of the Commission, or to the inspector General, U.S Nuciear E.egul; tory Commission, Washington, DC 20555, and should clearly state on the envelope and m the letter that it is an " Appeal from an initief FOI A Decision.'
l NRC FlRM 464 (Part 2) (191)
U.S. NUCLEAR REGULATORY COMMISSION 1
l
V APPENDIX E F01A 95 80 RECORDS 1NAT CAN BE RELEASED TO THE REQUESTER IN THEIR ENTIRE 1Y 1.
07/29/92 Exhibit 129 to ROI 4 92 003 Supplemental Statement of Individual (2 pp) 2.
07/28/92 Exhibit 132 to ROI 4092-003 Report of Interview with Individual (2 pp) 3.
07/29/92 Exhibit 133 to ROI 4 92 003 Report of Interview with Individual (2 pp) 4.
07/29/92 Exhibit 134 to ROI 4 92 003 Report of Interview with Individual (2 pp) 5.
07/29/92 Exhibit 135 to ROI 4 92 003 Report of Interview with Individual (2 pp)
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APPENDIX F F01A 95 80 RECORDS THAT RELATE TO REQJEST THAT CM BE RELEASED TO THE REQUESTER IN PART 1.
07/28/92 Exhibit 128 to ROI 4 92 003 7(C), portions Interview of Individual (59 pp) 2.
07/28/92 Exhibit 130 to ROI 4 92 003 7(C), portions Investigative Interview of Individual (171 pp) 3.
07/28/92 Exhibit 131 to Rol 4 92 003 7(C), portions Interview of Individual (57 pp) s 1
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umire o aporto Administrative Professional Offices 1
113 Lloyd Avenue Florida Administrative Offices Thomas J. Saporito, Jr.
Pittsburgh, Pennsylvania 15218 101-B Harvest Moon Ct.
ERA Complaints / Litigation Telephone: (412) 243-4601 Jupiter, Florida 33458 Nuclear Litsgation/ intervention Facsimile: (412) 243-4601 (407) 745-2118 t
I fEEDOM OF INr04 Mail 0N
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February 07, 1995 g ggg
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Executive Director for Operations
[-42cl c2.2 l-95 U.S. Nuclear Regulatory Commission i
l White Flint Building Washington, D.C.
20500 Re:
Freedom of Information Act Request l
Dear Sir:
d Pursuant to the Freedom of Information Act
("FOIA"),
5
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U.S.C. Part 552, er seq., Dunmire & Saporito, by and through the undersigned, hereby request a copy of the U.S. Nuclear Regulatory Commission
("NRC")
record (s) and information regarding NRC I
- licensee, Houston Lighting Power Company
("HLP")
directly related to the NRC's investigation of HLP regarding the revocation of Thomas J.
Saporito Jr.'s unescorted access to the j
HLP South Texas Project Electric Generating Station ("STPEGS") in
- February, 1992 and subsequent allegations by Mr.
Saporito I
I concerning employment discrimination taken against him by HLP in his attempts to obtain work in the nuclear industry.
L Specifically, we request a copy of the following:
1.
A copy of the transcripts from an interview and/or deposition of Thomas J.
- Saporito, Jr.
concerning HLP and/or l
STPEGS taken by the NRC Office of Investigations ("OI") regarding the revocation of Mr. Saporito's unescorted access to STPEGS in February, 1992.
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e Executive Director for Operations U.S. N9 clear Regulatory Commission FOIA Request February 07, 1995 Page No. 2 2.
A copy of the transcripts from an interview and/or deposition taken by the NRC of any and all employees or agents of HLP and/or STPEGS investigated by the NRC Office of Investigations ("OI") regarding the revocation of Mr. Saporito's unescorted access to STPEGS in February, 1992.
4.
A copy of the transcripts from an interview and/or deposition taken by the NRC of any and all employees or agents of Nuclea'r Support Services, Inc.
("NSSI") investigated by the NRC Office of Investigations ("OI")
regarding discrimination of Mr. Saporito in his attempts to secure employment in the nuclear industry.
This FOIA request seeks information as described above and includes but is not limited to notes, letters, memoranda, drafts,
- minutes, diaries,
- logs, procedures, instructions, engineering
- analyses, drawings,
- files, graphs, charts,. maps, photographs, agreements, handwritten notes, studies, data, notebooks, books, telephone messages, computations, interim and/or final reports, status reports, and any and all other records relevant to and/or generated in connection with the enumerated paragraphs above.
FEE WAIVER REQUEST In accordance with 10 C.F.R.
9.41(a) (2) and (b), we hereby request that all fees be waived for the following reasons:
Purpose:
4 1.
The information sought will contribute significantly to the public's understanding of the operations of the government and/or is primarily in the public interest. This FOIA request seeks information relevant to a Department of Labor
(" DOL")
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discrimination complaint filed under the Energy Reorganization Act of 1974 as amended 42 U.S.C.
5851
(" ERA")
concerning the undersigned and a NRC licensee.
The Secretary of Labor has l
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Executive Director for Operations o
U.S. Nuclear Regul'atory Commission-FOIA Request-1 February 07, 1995
)
Page.No. 3-determined that cases under 29 C.F.R.
Part 24 involve the litigation of
" health and safety hazarcs to the public" not merely " private harms." See. Polizzi v.
Gibbs & Mill.
Inc.,
Case No. 87-ERA-38, slip op. of SOL at pp.2-3 (July 18, 1989).
Extent:
i 2.
We will diligently extract and analyze the substantive content of the agency record.
Nature L Oual i f icat i ons :
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3.
Our activity and research will support and provide a basis for litigation under the ERA as described above.
The undersigned is an experienced worker in the nuclear industry with over 10-years of knowledge about the agency's regulations and the DOL process and represents nuclear workers in prosecuting Section 211 ERA claims.
I on the Public's Understanding of the
Subject:
Likely Impact 4.
The information and subsequent actions by us will be widely disseminated to the public through press releases and through grassroots environmental organizations and through FEC.
Thus, the public's awareness and understanding of the agency's behavior and performance and that of the DOL and NRC's licensee as well as the adverse consequences born by whistleblowers will be greatly enhanced.
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Size and Nature of the Public:
5.
Nationwide distribution of materials across the continental United States of America.
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t ab Executive Director for Operations U.S. Nuclear Regulatory Commission FOIA Request February 07, 1995 Page No. 4 Meann of Distribution:
6.
Via the media; news releases; publications; public school lectures; television and radio programs; etc.
Public Access to Information.
f 7.
1Public access to information will be provided free of I
charge.
Recuester's Commercial or Private Interest:
8.
The requester has no commercial or private interest.
For any documents or portions of documents that you deny due to a specific FOIA exemption, please provide an index itemizing and describing the documents or portions of documents withheld.
l The index should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is relevant to the document or porcion of the document withheld.
This index is required under Vaughn v.
Rosen (I),
484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S.
977 (1974).
We look forward to your timely response to this FOIA request within 10-days as the law provides.
Very truly yours, DUNMIRE & SAPORITO f,
Thomas J.
Saporito, Jr.
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