ML20096G720
| ML20096G720 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point, Vogtle  |
| Issue date: | 10/06/1995 |
| From: | Veira E TROUTMANSANDERS (FORMERLY TROUTMAN, SANDERS, LOCKERMA |
| To: | Kammerer C NRC OFFICE OF ADMINISTRATION (ADM) |
| References | |
| FOIA-95-420 NUDOCS 9601260062 | |
| Download: ML20096G720 (2) | |
Text
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0-I TROUTMAN SANDERS LLP
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l NATIONS 8ANp( PLAZA 800 PEACHTREE STREET, N E.
SUITE S200 ATLANTA. GEORGIA 3030s 2216 TELEPHONE. 404 806 3000 FACSeholLE:404-806 3000 j
WRITER'S DIRECT DIAL:
ElEDOM 0F INFORMATION N ACIREQUEST October 6,1995
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R.e.e. L y, - i 2-9 S' Mr. Carhon Kammerer, Director Division of Freedom ofInformation and Publication Services Office of Administration U. S. Nuclear Regulatory Commission Washington, DC 20555 RE: Freedom ofInformation Act Request
Dear Mr. Kammerer:
Pursuant to the Federal Freedom of Information Act ("FOIA"), 5 U.S.C. 6 552, and Nuclear Regulatory Commission ("NRC") regulations,10 C.F.R. Part 9, I hereby request copies of all " records" as defined in 10 C.F.R. I 9.13 constituting or relating to Request for Inva=tientian No. RII-91-10 (see attached copy of memorandum fmm James Y. Vorse to Stewart D. Ebnerer, summarizing facts already developed in the investigation).
4 For your information, I understand that records subject to the foregoing request are or may be in the poss ssion of the following individuals:
e Mr. Stewart D.
Ebneter, Regional Administrator, Nuclear Regulatory Commission, Region II.
Mr. Hugh L. Thompson, Deputy Executive Director, Nuclear Materials Safety, e
Safeguards and Operations Support.
e Mr. David McGuire, Region II.
Mr. James L. Milhoan, Deputy Executive Director, Nuclear Reactor Regulation, e
Regional Operations and Research, Ms. Patricia G. Norry, Director, Office of Administration, Nuclear Materials e
Safety, Safeguards and Operations Support.
9601260062 951006 PDR FOIA VEIRA95-420 PDR
TaottrMANSANDERSRP
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Caden Kammerer October 6,1995 Page 2 l
Mr. James Y. Vorse, Field Office Director, Office of Investigations, Region II.
e I will pay the applicable production charges for the requested records in accordance with 10 C.F.R. Part 9, up to a maximum amount of $1,000, and those charges in excess of $1,000 of which I am notified, and which I approve, in advance.
Please feel free to contact me if you have any questions conceming this FOIA request.
I appreciate your cooperation in this matter.
Sincerely,
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EFV:jmb E. Fitzgerald Veira Attachment
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Aangust 17, 1992 y
Muse 0RANDUlf FOR:
Steuert D. Emmeter, Regional kaministrator Regica II l
FRWs James T. Verse, Field office Directe i
Office of Investigations, Region 11 i
l
SUBJECT:
REQUEST FOR INTESTIG&TZW M. 222-91 10 1
4 i
subject regnest for investigaties, dated movember 21, 1991, was based upes sa allegaties from D. EDTCT, seenrity R$amager of Georgia Power campany*a (erC) Vestle Electria Generattag Plant i
(Tser), that femmer est employee Alles sansmN was carrently la.
possession of Vest safeguards material (Enolesed).
This material was identified as audio tape reeerding see (as identified by i
maC).
Subsequently, GDC identified amether tape in the i
possession of IIOSSAUGE, #153, as also containing safeguards information.
The facts already developed la this matter are as follows:
1.
On September 11, 1990, while being deposed during a j
Department of Labor (DOL) hearing, annewsmar revealed to esc that he was in possession of numerous medio tape recordings i
f wItiek he surreptitiously recorded while employed at Vamp.
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2.
Qa September 13, 1990, IIOSSADGE's DOL attorney notified NBC l
' of the esistenee of the tapes and that these tapes contained i
conversations pertiment to allegations previamely presented to MBC by 800SahDM.
Comearrently, GPC advised NBC Region II I
(RII) and the MRC Resident Inspeeter at VBSP of the assistesse of these tapes.
The DCL Adalaistrative Lent Judge
- (ALJ) ordered these tapes to be produced to GPC as part of the discovery process in the DOL matter.
3.
Also em September 13, 1990, Mac intervened is the DOL matter, and the DcL ALJ ordered the tapes to be prodsoed to MRC.
On the same day, the Office of Investigations (01) NaC received 277 tapes as evidense trom agossaam.
'tise full sets s
of duplicates of these tapes were produced by 01 by Oetaber 10, 1990.
One set was delivered te NRC RIZ staff, and the other to NRR.
'the IIRC was put ce motice, in Septh 1999, try C. E. IIeCUE, Vice President, Yogtle Project, GPC, that these tapes may contata safeguards material.
agosahDS told 01 that he did met think any of these tapes contained 'safogensda material.
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Stewart D. Ebneter 2
August 17, 1992 l
4.
On September 15, 1990, GPC placed 300854005 on administrative Isave for conducting this taping.
Om October 11, 1990, i
mamm-'s employment with GPC was terminated by GPC.
5.
of the 277 tapes he provided to NBC, 30085&DGE identified 75 that potentially contained the most significant conversa.
j tiens that pertained to the ongoing CI investigations of l
NOSanceE's allegations.
Initially, treasoriptc of 13 of j
these 75 were prodmoed and reviewed by hath 01, for evidemoe of wrongdoing, and 3ERC staff, for safeguards material and health and safety issues.
l l
6.
Im Jammary 1991, a prioritised sahad=1a for staff review of all 27T tapes for safeguards and health and safety issues was prepared.
Trammeripts of the rematador of the. 75 higher l
priority tapes as identified bF "" were prepared, and 01 contiamed its review for wrongdoing and identification of l
i gNEs on these 75 tape treasoripts.
OI's data base of these 75 tapes was completed by Angust 1991.
The NBC staff-review of the remainder of the 76 tapes was completed La Jtaly 1992.
The remaining 201 of the original 277 tapes were i
amt regiamed by 01 for wrongdoing, or by the staff for safeguards.
I 7.
The original tape recordings of the 75 high priority tapes have been retained as evidence by 02.
Esmover, om February 14, 1991, at the direction of NBC Office of General i
Counsel and staff, the unreviewed 201 original tapes were attempted to be returned to "a**
unma refused to accept these tapes withost am NaC assuramme that they did
/
not contain safeguards material.
Sinoe this assurance comid j
act be anda, NBC retained possession of the 201 tapes.
I 8.
Ca February 21, 1991, with no NRC safeguards review, these 201 tapes were returned to "a**==.
At his DCL hearing is i
March 1992, unam-testified that NRC had assured him that 3
the tapes did not contain safeguards.
01 NBC did not give any such assaramoe to unaamm, 9.
180854DW, through e.orrespondemos to NRC from his DOL attormer, has agnia denied that the tapes alleged by EUTCT.
supra, or any other tapes leOSa&pm recorded while employed by GPC, contain safeguards aa,tarial.
10.
Da November 14, 1991, GPC actified the NBC that tape #44, whiok was released to them by the attorneFs representing GEC, contaiand safeguardo infezzaties. They subsequently informed the NRC that Tape $153 may mise contain safeguards material.
Da November 21, 1991, tha NBC Regional administrater, RII, requested that OI initiate am v
j stewart D. Ebseter 3
August 17, 1993
^
investigation to determine if MosBAUGE kasw that he was rooording safeguards informaties and was in unauthorized possessies of safeguards material.
i 11.
Tapes See and #153 were reviewed by NBC Safeguards persemaal fram MBC RIZ and NER who concluded that the tapes contataed safeguards material.
This review was feswarded to Cec for legal analysis.
OGC concanded that altheagh not all of the material identified by RIZ and NRR as safeguards materials was, is feet, safeguards material, both tapes did oestata sean safeguards inforanties.
S e C0C analysis listed a-ander of potential Mac violatieas.
Eeuever, 000 indientes that whether or not a vietation oeomrred would depend on the infesanties developed during am OZ investigaties.
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