ML20128E785

From kanterella
Jump to navigation Jump to search
Requests Listed Addl Info Re FOIA 81-488 from T Devine for Documents Concerning Ofc of Inspector & Auditor Rept on Adequacy of IE Investigation at Facility.Response Requested by 811209
ML20128E785
Person / Time
Site: Zimmer
Issue date: 11/30/1981
From: Carr J
NRC
To: Brown N, Mullinix W, Parrish R
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE), NRC OFFICE OF THE GENERAL COUNSEL (OGC), NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20127A137 List:
References
FOIA-84-415 NUDOCS 8505290470
Download: ML20128E785 (1)
v • d • e


Text

_

tvu ~3cwr.V 7 L l,T e a .,

  • i

'4 s m,,'s, . UNITED STATES l34, .,J . g, g

e NUCLEAR REGULATORY CO?.it.ilSSION y v Asmuotou.o.c.nsss t%,*

>.If!L/ ' /! November 30, 1981 /

Rick Parrish MEMORANDUM FOR: Wilda Mullinix

i. I&E OGC \ ,

} I) [

Natalie Brown Art Schnebelen- /' ,4 4

'SECY* OIA / f f John C. Carr, Chief i

/f FROM:

Freedom of Information and Privacy Branch ,1 )

SUBJECT:

FOIA REQUEST FROM THOMAS DEVINE FOR DOCUMENTS REGARNNF  ?4 THE OIA REPORT ON THE ADEQUACY OF IE INVESTIGATION A '[' /

THEWILLIAMH.ZIMMERNUCLEARPOWERSTATIO fa Please ' find enclosed a copy of the subject FOIA request.

/$/ /

Please advise J-Carol Ann Reed of nty staff by December 7,1981, of your response to the/

following:

(1) Does your office have documents subject to this request? / }

7 ]'- {[,

If yes: How much search time will be required? NOTE: J6 /

If exoected search time exceeds two hours, do not beain M /

search ur.til first talking to FOIA Branch staff contact. v (2) Approximately how many documents do you anticipate will be b r/ Opu y/

withheld from public disclosure? What is their nature? p/

(3) Do you anticipate any problems in processing this request /

and responding in the allotted time?

l4

/

(4) Which other offices might have' documents subject to this request? ))l,j/,)

Please provide DRR'with all documents subject to this request no later g/ -

than NOON, December 9,1981.

j (A Also enclosed is a copy of the FOIA time record form which should be )

  1. ,/ bb '/

completed by the staff in your office an eturned to ORR with your ['

response. ,,j, s

</ 4 ^

l Y,

, -f f . .,

rs J Carr /

/ /

CONTACT: . Carol Ann Reed -

Y /

49-28133 .

p

  • The Office of the Secretary should coordinate the respense to this request-with the offices of the Commissioners. ,

8505290470 841227 PDR FOIA hM BAUSER84-415 PDR

&*y / / ,

.* .s > ,

. . (

GOVERNMENT ACCOUNTAi31UT( PROJECT .

- Ins:stute fu 4:.t.y 5 vde 1401 Ove 5 tree.t N W . We:shington. D C. 20000 (202) 234.c352 Novem.52: 23, 1951 Director FREEDOM OF INFOfD.*/.Tr" " ' '

Office of M:ninistration ACT REQUEST N.2 clear Rc.gulatory Co ::tission gg, _ p Washirgton, D.C. 20555 a Oa.c. Q 11 -3 0 - P I

'Ie Whcrn a.t May Ccnce.rn:

l .

On behalf of o= client,12. Oc: ras Applegate, and pursuant to t=th the Freedczn of Info = nation Act (5 U.S.C. 5552) and the Privacy Act (5 U.S.C.

.ii 5552a), we request copies of all notes, :reroranda, telephone logs, tapes, M.;d y,. diaries and/or other records prepared by U.S. govern:nant.exployees in

'~ ,

' connection with an August 7,1981 Nuclear Pagulatory Comission ("NRC") dT Office of Inspect:or and. Auditor ("OIA") report entitled "Soecial Inc .i_mi re: ~~A

,J.} U Mequacy of E Investigation 50-358/80-9 at the Willia:n F. Zu:rner Raclea.:

t.' '[ Power Station " ("Zi. rner OIA. Report") , as well as the investication the - 7 ,

.y Zi.her CIA Re= ort is based t=en.

In particu*,12. Applegate regaests 'all~

earlier full cr parnal crafts and/or prep: sed supple:nents to the Zi:n cr g ,,q e, o

('. OIA Report, as well as all records related to any deletions frczn its p,J final version. If any material covered by thi,s request has been de ' gad and/or re:cved, please provide all surrounding dec. nentation including M 5. 2t not lir.ited to a description of the action (s) taken, relevant date(s),

ff ' and justification fer the action (s). -

12. Applegate requests that fees be waived, b2cause " finding the r: ration can be considered as pri:narily benefitting the general lic." 5 U.S.C. S 552(a) (4) (A) . ne fee waiver s!culd be granted for three~ reasons. First, he s.&rnits this reg'u est to further the coals of

,/ .his D h . r 10, 1980 whistlebicwing disclosure to the C"fice of the Special (

/ Counsel of the Ferit Syste:ns Protection Board. 'Ihe Special Counsel required an NRC investigation only after finding a reasenable b21ief that bt. Apple-gate's disclosure eviderced illegality, 'rnis:ranage: rent, gross waste and

\. a substantial and specific dnager to public health or safety, t.bques-tionably, the Special Counsel finding and the ensuing OIA Report - which fundanantally challenges tha generic nature of NBC investigations -

preves that Mr. Applegate's ccncerns serve "the public interest." He saaks these docinents in order to rronitor -Je adequacy. of the NBC respcnse.

Secord, the findings of the Zirmar CIA Papart totally ignored t.c vital issu2s in Mr. Applegate's whisticbicwing disclosure -

1) the failure to adequately review his criminal allegations of wid2 spread blact:: arkets, s:mggling, and theft; and ,,

- 2) the failure to ecntact witnesses in 7pril 1980 who would have g egos:d a scrics of issues six rrenths before CAP raised th::n with the Ccr.rission and the Special Courvr.ol.

p 3y

-$A:94$Wh Z(f yo

oo ~ '

Director office of taminist2stion Nuclear Pegulatory Ccanission Ncn e bar 23, 1981 -

Page Two Tm Special Counsel had ordered the C= mission tc respond to both allegations. OC(

l Tm doct:: cats P.r. Igplegate requests t ay help to explain why th: C:ra-issica s l

chose to defy a legal requirment of the Civil Service Pcform Act. We sutreit '" F that it inherently serves the cublic interest to furth::: undarstand the 4#7~

process that leads to governme'nt illegality. E' W M fnird, press accounts have cona%ed charges that the report was "watared

, down." Although deleted portions would not represent the Cw...ission's findings, it is in the public interest to fully ai.: t% facts and c=pe-dng =clicies in the debate that produced this cont:eversial doct:w.nt. 'Ibe issue is of the utmost i.pnce to the American pecple - the adequacy of hPC efforts 'a protect public health and safety.

For any doc = rants or portions of doc =ents that y=u deny du5t to a spe:ific exe:ption, please prcuide an index itemizing and describing doctrrents or portions of doctrnents withheld. Tne index should provide a detailed justification of your gro.:nds for clad:rdng each e:ar:ption, explaining why each exe:ption is relevant to the docujent or I:or* don withheld. 'Ihis index is required under Vaughn v. Rosen (I), 484 F.2d 820 (D.C. Cir.1973) , cart. denied, 415 U.S. 977 (1974) .

tie 1cok forws:d to your res;cnse within ten scrking days.

Sino rely, ,-

--T s , 1.-

'Ihcr,as Deva. .ne - - . . . _,'-

Associate Director I

en 4 e. .w,,w-=== + -w .e e e m - e

Retrieved from "https://kanterella.com/w/index.php?title=ML20128E785&oldid=2895938"