ML20128Q536

Appeals Denial of FOIA Request for Documents Re D Hatley & Allegations Concerning Plant & Brown & Root

ML20128Q536
Person / Time
Site:	Comanche Peak
Issue date:	05/02/1985
From:	Kohn S GOVERNMENT ACCOUNTABILITY PROJECT
To:	NRC
References
FOIA-84-876, FOIA-85-A-19 NUDOCS 8507270004
Download: ML20128Q536 (1)

Text

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GOW$4 MENT ACCOUNTABlUTY PROJECT 1555 Connecticut Awnue, N.W., Suite 202 Washington, D.C. 20036 (202)232-8550 May 2, 1985 APPEAL OF INITIAL FOIA DECISION U.S. Nuclear Regulatory Commission Washington, D.C. 20555 FbIA-85-A- M (c.,

Re: FOIA-84-876 (M-sW)

APPEAL FP.OM FINAL AGENCY FOIA DECISION w ol sys/ss'

. To Whom It May Concern:

p This is an appeal pursuant to subsection (a) (6) of the Freedom of Information Act (FOIA) as amended, 5 U.S.C. @ 552. Ey letter dated November 20, 1984, the Government Accountability Project (GAP) requested documents relating to:

Dobie Hatley and her allegations concerning Comanche Peak, and Brown & Root.

In a letter dated April 3, 1985, M.R.J.M. Feltos was withholding in their entirety 20 categories of documents identified in Appendix B pursuant to exemptions 7(A), 5, 6, and 7 (C) . We are appealing the withholding of these documents. A legal memorandum outlining our position on the withholding of these documents is forthcoming.

Sinc ly, Sten at Xohn Clin'ical tirector SKiks 8507270004 050502 PDR FDIA KDHN05-A-19 PDR

c c-DOVOMENT ACCOUNTAlHLNY PROJECT 1555 Connecticut Awnue, N.W Suite 202 Wasnington. D.C. 20036 (202)2324550 November 20, 1984 '

t Director '

Office of Administration Nuclear Regulatory Commission FREED 0M OF INFORM ACT REQUE b Washington, DC 20555 gg g f) </ 4 To Whom It May Concern:

Pursuant.to the Freedom of Information Act (FOI A), 5 U.S.C. 552, the -

Government Accountability Project (GAF), requests copies of any and all 49ency records and information, including but not limited to notes, letters,

- memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, sumaries, fr,terview reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreements, hendwritten notes, studies, data sheets, notebooks, books, telephone messages, computations, voice recordings, computer run-offs, any other data compilations, interim and/or final reports, status reports, and any and all other records relevant to and/or generated in connection with: Dot,le Hatley and her allegations concerning Comanche Peak dnd her. employment' discrimination case against Brown & Root under 42 U.S.C. 5851.

This includes, but is no's limited to:

1. Dobie Hatley's substantive allegatio'ns about problems at Comanche P'eak;

2. All files concerning Hatley's substantive allegations and 42 U.S.C. 5851 complaint in the possession of Richard Denise and Paul Chuck;

3. Copies of the actual tape recordings and transcripts made of said recordings, of all interviews conducted by Richard Denise and or Paul Chuck concerning the Hatley 42 U.S.C. 5851 complaint and her substantive quality control / health and safety allegations. This should include:

a) Interviewsmade with employer or former employer of Brown & Root; b) Interviewsconducted with Dobie Hatley on february 8,1984 and in May-June 1984;

4. All reports, findings, letters, correspondence, agency records, etc.

made by Richard Denise and Paul Chuck concerning the Doble Hatley case and her allegations;

5. All files, records, letters, agency records, etc. concerning Dobie Hatley's 42 U.S.C. SBM complaint against tirown & Root.

GAP requests that fees be waived, because " finding the information can be considered as primarily benefitting the general public." 5 U.S.C. 552(a)(4)(a).

GAP is a non-profit, nonpartisan public interest organization concerned with t

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honest and open government.

For any documents or portions that you deny due to a specific F0IA exemption, please provide an index itemizing and describing the documents or portions of documents withheld. The index should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is relevant to the document or portion 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).

l We look forward to hearing from you within 10 days as the law stipulates.

Yourr uly, J

Stephen Kohn Clinical Director Kendra Morris Staff Associate

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k,,,,, APR 08 385 Mr. Stephen Kohn Clinical Director IN RESPONSE REFER Government Accountability Project TO F0IA-84-876 1555 Connecticut Avenue, NW Suite 202 Washington, DC 20036

Dear Mr. Kohn:

This is in further response to your letter dated November 20, 1984, in which you requested, pursuant to the Freedom of Infomation Act (FOIA),

documents concerning Dobie Hatley and her allegations concerning Comanche Peak and her employment discrimination case against Brown &

Root.

The documents listed on the enclosed Appendix B are being withheld in their entirety pursuant to Exemption (7)(A) of the F0IA (5 U.S.C.

552(b)(7)(A))and10CFR9.5(a)(7)(1)oftheCommission'sregulations because disclosure of these documents would interfere with an ongoing enforcement proceeding. Disclosure of this infomation could allow those being investigated to learn the scope, direction, and focus of investigatory efforts, and thus could possibly allow them to take action ,

to shield potential wrongdoing or a violation of NRC requirements from investigators.

In addition, documents 4 and 5 are being withheld from pursuant to Exemption (5) of the FOIA (5 U.S.C. 552(b)(public 5)) and 10 CFR disclosure 9.5(a)(5)oftheCommission'sregulations. These documents are drafts containing preliminary advice, opinions, and recomendations of members of a Field Office to the Director, Office of Investigations. Disclosure .

would inhibit the frank and candid exchange of comunications in future deliberations and thus would not be in the public interest.

In addition, documents 2, 8,10,13,14,15,17,18,19, and 20 contain information, the disclosure of which could cause a clearly unwarranted invasion of the personal privacy of several individuals. This information is being withheld from public disclosure pursuant to Exemptions (6) and (7)(C) of the FOIA (5 U.S.C. 552(b)(6) and (7)(C))

and 10 CFR 9.5(a)(6) and (7)(iii) of the Consnission's regulations.

I Pursuant to 10 CFR 9.15 of the Comission's regulations, it has been determined that the information withheld is exempt from production or disclosure and that its production or disclosure is contrary to the public interest. The person responsible for this denial is Mr. Ben B.

Hayes, Director, Office of Investigations.

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p Mr. Stephen Kohn l This denial may be appealed to the Comission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Comission, U.S. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision."

This completes action on your request.

Si rely.

- J. . Felton, Director Division of Rules and Records Office of Administration

Enclosure:

As stated l

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p c FOIA-84-876 APPENDIX B

1. Undated Allegation Data Form (1 page)

2. Undated Affidavit of Alleger (7 pages)

3. Undated Division of Licensing Letter (3 pages)

4. Undated 01 Investigation Case Transmittal Letter (Draft)

(2 pages)

5. Undated Report of Investigation No. 4-84-025 with related exhibits (Draft)(848pages)

6. 2/7/84 Investigation Status Record (2 pages)

7. 2/13/84 Memorandum to File from Ben B. Hayes re: Comanche Peak (3 pages)

8. 3/9/84 Memorandum to R. K. Herr from D. D. Driskill re: Dept. of Labor receipt of complaints by two individuals (1 page)

9. 3/16/84 OI Headquarters Memorandum to File (1 page)

10. 3/16/84 Complaint Filed with U.S. Department of Labor (3 pages)

11. 3/19/84 Letters from an organization (10 pages)

12. 3/19/84 ASLB document (9 pages)

13. 3/20/84 Affidavit of an individual (11 pages) .

14. 3/20/84 Affidavit of an individual (6 pages)

15. 3/20/84 Affidavit of an individual (10 pages)

16. 3/27/84 Memorandum to Chairman Palladino from Ben B. Hayes re:

Notification of Opening of O! Investigation (1 page)

-17. 3/29 - U.S. Departments of Justice and Labor Letters (13 pages) 8/27/84

18. 4/16 - Investigator's handwritten notes (94 pages) 9/3/84

19. 6/27/84 Letter to U.S. Department of Labor from a law firm with enclosures (73 pages)

20. 7/5/84 Letter to U.S. Department of Labor from a law firm with 1 enclosure (3 pages) i l

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