ML20128E785
| 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) | |
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'4 s m,,'s, UNITED STATES NUCLEAR REGULATORY CO?.it.ilSSION y
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November 30, 1981
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MEMORANDUM FOR:
Wilda Mullinix Rick Parrish i.
I&E OGC
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Natalie Brown Art Schnebelen-
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'SECY*
OIA
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John C. Carr, Chief i
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Freedom of Information and Privacy Branch
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SUBJECT:
FOIA REQUEST FROM THOMAS DEVINE FOR DOCUMENTS REGARNNF
?4 THE OIA REPORT ON THE ADEQUACY OF IE INVESTIGATION A
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THEWILLIAMH.ZIMMERNUCLEARPOWERSTATIO fa Carol Ann Reed of nty staff by December 7,1981, of your response to the/
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Please ' find enclosed a copy of the subject FOIA request.
Please advise J-
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following:
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(1) Does your office have documents subject to this request?
If yes:
How much search time will be required? NOTE:
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If exoected search time exceeds two hours, do not beain M
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search ur.til first talking to FOIA Branch staff contact.
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(2) Approximately how many documents do you anticipate will be p/
withheld from public disclosure? What is their nature?
(3) Do you anticipate any problems in processing this request
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and responding in the allotted time?
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(4) Which other offices might have' documents subject to this request?
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Please provide DRR'with all documents subject to this request no later g/ -
than NOON, December 9,1981.
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Also enclosed is a copy of the FOIA time record form which should be completed by the staff in your office an eturned to ORR with your
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s response.
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rs J Carr
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CONTACT:. Carol Ann Reed -
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- The Office of the Secretary should coordinate the respense to this request-with the offices of the Commissioners.
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BAUSER84-415 PDR
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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
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'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.
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.ii 5552a), we request copies of all notes, :reroranda, telephone logs, tapes, y,. diaries and/or other records prepared by U.S. govern:nant.exployees in
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' 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.:
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Power Station " ("Zi. rner OIA. Report"), as well as the investication the -
Zi.her CIA Re= ort is based t=en.
In particu*,12. Applegate regaests 'all~
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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),
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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 First, he s.&rnits this reg' est to further the coals of three~ reasons.
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r 10, 1980 whistlebicwing disclosure to the C"fice of the Special
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Counsel of the Ferit Syste:ns Protection Board.
'Ihe Special Counsel required
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an NRC investigation only after finding a reasenable b21ief that bt. Apple-
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a substantial and specific dnager to public health or safety, gate's disclosure eviderced illegality, 'rnis:ranage: rent, gross waste and 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 p
with the Ccr.rission and the Special Courvr.ol.
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o 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.
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l Tm doct:: cats P.r. Igplegate requests t ay help to explain why th: C:ra-issica s
chose to defy a legal requirment of the Civil Service Pcform Act. We sutreit
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that it inherently serves the cublic interest to furth::: undarstand the process that leads to governme'nt illegality.
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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,
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'Ihcr,as Deva..ne Associate Director I
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