ML20129E743

Further Response to FOIA Request for Documents Re Director'S 840820 Decision Per 10CFR2.206,in Response to Petitions Filed for San Luis Obispo Mothers for Peace.Forwards App Documents.Documents Also Available in Pdr.Review Continuing

ML20129E743
Person / Time
Site:	Diablo Canyon
Issue date:	05/09/1985
From:	Felton J NRC OFFICE OF ADMINISTRATION (ADM)
To:	Devine T, Dixon C GOVERNMENT ACCOUNTABILITY PROJECT
References
FOIA-84-741 NUDOCS 8507170055
Download: ML20129E743 (5)

Text

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/ k a UNITED 8TATES NUCLEAR REGULATORY COMMISSION W I wasmuoTom. o. c. 2osss

.....,o MAY 0 91985 Mr. Thomas Davine Ms. Crystal Dixon Government Accountability Project 1555 Connecticut Avenue, NW, Suite 202 IN RESPONSE REFER Washington, DC 20036 TO F0!A-84-741

Dear Mr. Devine and Ms. Dixon:

This is in further response to your letter dated September 13, 1984, in which you requested, pursuant to the Freedom of Information Act, all documents associated with the August 20, 1984, Director's decision under 10 CFR 2.206 in response to petitions filed on behalf of the San Luis Obispo Mothers for Peace.

The documents listed on the enclosed appendix are being placed in the NRC Public Document Room. They will be filed in PDR folder FOIA 84-741 under your nane.

Pages 56 through 58 of the March 26, 1984, transcript of open Commissien meeting, " Discussion /Possible Vote on Diablo Canyon Criticality and low Power Operation," have been identified as being subject to your request.

This document is already available in the NRC PDR (Accession No. 8404110542).

The NRC has not completed its review of the remaining documents subject to your request. We will respond as socn as that review is completed.

51ncere19 I

f y Q, l;.;4m J M. Felton, Director Division of Rules and Records Office of Administration

Enclosure:

As stated 850717p55850509 DE I 34 741 PDR

g Re: F01A-84-741 APPENDIX

1. A. 03/19/84 transcript pages 84 and 85 of closed Comission meeting,

" Status of Pending Investigation on Diable Canyon," and B. 08/01/84 memo from S.J. Chilk to W.J. Dircks, G. Messenger and H.H.E. Plaine, " Staff Requirements - Status of Pending Investi-gations on Diable Canyon, 10:00 A.M., Monday, July 30, 1984..."

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1 UNITED STATES OF AMERICA 2

NUCLEAR REGULATORY C0tiMISSION

.. 3 4 STATUS OF PENDING INVESTIGATION ON 5 DIABLO CANYON 6

7 Closed Session 8 .

9 Nuclear Regulation Conraission 1717 H Street, N.W., Room 1130 Washington, D.C. .

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Monday, March 19, 1984

, The commission met in closed session, pursuant

'a l to the Chaiman's direction and notice, at 12:15 p.m.

COM!ilSSIONERS PRESENT:

15 , a an e celssion VICTOR GILINSKY, Member l i

16 JA.V.ES ASSELSTINE , Member i FREDERICK BEFJTHAL, Member 17 .

j STAFF AND PRISE'.;TERS SEATED AT CO.v2CSSICN TABLE:'

16 1 1 H.E. PLAINE S. CHILK {

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i ( La u g h te r .l - -.

' 3 I'm just trying to give you a shorthand version of his ,

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thinking, as I understand it. l 5

Do you have more? I l

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. MR. IIAYES : No, sir, that's where we are on 9- Diablo Canyon.

8 COMMISSIONER GILINSKY: Thank you very much.

CHAIRMAN PALLADINO: Jack has a comment.

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... MR. MARTIN: The only comment I have is on the j ll intimidation @ estion, which we have a couple of paragraphs 1

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, . . . on that in the document coming down to you. This is one that  ;

/ 13 i I got interested in sometime back because there is quite , ,

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a bit in the newspapers and the different groups make quite  :

15 Y I en issue that there's a widespread parancia at the site.

l 16 l And during the course of the inspection, we've 17 l

I csked each of the inspec:crs te ge intertiew 10 cr 12 workers I

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l at rande=, private er en the site, and all in all, we've l .

l 19 had =aybe 250 structured interviews of people together with 20 l

several hundred other contacts that weren't by any means 21 structured interviews but -- and as we said, having these 22 40 people in the lunch room and everywhere else, you can 23 imagine, all over the site, I think our perspective in the 24 a

'i aggregate is that we certainly don't see any widespread

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paranoia er any policy written or otherwise on the part of

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3 these contractors to intimidate their employees.

2 There certainly are eight or so people who feel

- very strongly that they have been improperly leaned on, and 4

whether they have or haven't I don't know. We 'll have to

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wait and see what DOL and Mr. Hayes say. But I think our 6

perspective is there seem to be some people feeling very 7

strongly about it, but we do not see a widespread paranoia 8 -

at that site yet.

~: 9 CHAIRMAN PALIADINO: Are you investigating these 10 _..

intimidations? .

11 MR. HAYES: We have open investigations but we 12 are standing down during the DOL investigations. We just

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.. don't have the resources to look at them all.

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,_ ,_ QTi!SSIONER ASSELSTINE: Is. Labor oursuino it ,

15 aggressively?

16 MR. RAYES: Yes, they are.

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• MR. MARTIN: ~' hey have made prelini..1.f l 18 ]

findings on four so far --

19 COMMISSIONER ASSELSTINE: Which substantiated 20 some of them at least.

21 MR. MARTIN: Two didn't, and I guess they have 22 to go to hearing, you know.

'A a CHAIRMAN PALLADINO: Any other questions, comments?

_ 24 j Thank you very muen.

25 .

(whereupon, at 12:34 p.m., the meeting was adjourned.) .

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- GOVERNMENT ACCOUNTABILITY PROJECT

Institute for Pokcy Studies 1901 Que Street. N.W.. Washington. D.C. 20009 (202)234 9382 September 13, 1984 Director FREEDOM OFINFO Office of Administration g U.S. Nuclear Regulatory Commission Washington, D.C. 20555 M ~f k 7 yf

To Whom It May Concern

W 9M7 ~8 Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 9552, the Government Accountability Project (GAP) requests copies of any and all agency records and informat ion, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, files, graphs, engineering analyses, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, telephone messages, computations, voice recordings, any other data compila-tions, interim and/or final reports, status reports, and any other records relevant to and/or generated in connection with the August 20, 1984 directors! decision under 10 C.F.R. 2.206 in response to various petitions filed pursuant to 10 C.F.R. 2.206 by the Government Accountability Proj ect (GAP) on behalf of the San Louis Obispo, Mothers for Peace. We request that each responsive document be identified by the allegation number (s) to which it may relate.

If any of the materials covered by this request have been destroyed and/or removed, please provide all surrounding documentation, including but not limited to a description of the action (s) taken, relevant date(s), and justification (s) for the action (s).

CAP requests that fees be waived, because " findings information can be considered as primarily benefitting the general public," 5 U.S.C. E552 (a) (4) ( A) . GAP is a non-profit, non-partisan public interest organization concerned with honest and open pvern .ent . Through legal represcntation, advice, national ecnferences, f ilms , publications and public outreach, the project promotes wr.istleblowers as agents of government accountability. We are requesting the above information as part of an on-going monitoring project on the adequacy of the NRC's efforts to protect public safety and health at nuclear power plants.

For any documents or portions that you deny due to the specific FOIA 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).

We look forward to your response to this request within ten days.

b Thomas Devine Cr tal Dixon Legal Director Legal Intern n e s_ ^ inD Jn

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f1 Tk. NUCLEAR RECULATDRY COMMISSION 3

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.. c*aswiw;. Tow. e.c. 20ssa Denton Cys: Dircks S llo Q Q %. /g August 1, 1984 Roe Cunninghaa

.... Rehm DeYoung cresca or THE LIMITED DISTRIBUTION Martin SECRETARY MEMORANDUM FOR: William J. Dircks, Executive Director for Operations George Messenger, Acting Director Office of Inspector and Auditor p] k Herzel H.E. Plaine, General Counsel f

FROM: Samuel J. Chilk, Secretar

SUBJECT:

STAFF REQUIREMENTS - STATU OF PENDING INVESTIGATIONS ON DIABLO CANYON, 10:00 A.M.,

MONDAY, JULY 30, 1984, COMMISSIONERS' CONFERENCE ROOM, D.C. OFFICE (CLOSED--EX.

5 AND 7)

The Commission

• was briefed by the Office of Investigations (OI) on the. status of investigations concerning the Diablo Canyon plant, and separately by the Office of Inspector and Auditor (OIA) regarding allegations pending before it that pertain to Diablo Canyon.

The Commission requested an outline indicating where technical aspects of allegations are addressed in the documented reviews and a summarv of the conclusions reached in the investigations in the form of quotations from the staff's documented reviews.

The Commission requested that these documents be availabic no later than Wednesday morning, August 1.

(EDO) (SECY Suspense: 8/1/84)

(Subsecuently, the EDO provided the Commissien with a cross

- reference on Diablo Canyon allegations. Time did now allow the inclusion of a summary of staff dispositions.) .

The Commission requested the OIA report on allegations be e available prior to close of business on Wednesday, August 1.

(OIA) (SECY Suspense: 8/1/84)

%< W The Commission requested that the office of the General Counsel (OGC) respond to the 2.206 petition submitted by

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the Goverment Accountability Project (GAP) , subject.to' Lt review by the Commission. j$

(OGC) (SECY Suspense

8/17/84) c.-vf

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• Commissioner Roberts was not present. Ih a b Rec'd Off. EDO ' M '- bh

.n,..e . TD . .F. Y y Time . . .1:7.9. ....... O3 A

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- 2-The Commission requested that staff and OIA be available '

to brief the Commission on the disposition of the investi-

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gations concerning Diablo Cany'on during the Commission meeting to consider the full power operating license for Diablo Canyon, currently scheduled for 10:00 a.m., Thursday, August 2, 1984. Specifically, the Commission requested that OIA summarize what its action has been in these investigations and what results it has.

(EDO/OIA) (SECY Suspense: 8/2/84) cc: Chairman Palladino Commissioner Roberts Commissioner Asselstine Commissioner Bernthal

-Commissioner Zech Commission Staff Offices 4

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