ML20133J435
| ML20133J435 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 10/09/1985 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Bernabei L GOVERNMENT ACCOUNTABILITY PROJECT |
| Shared Package | |
| ML20133J437 | List:
|
| References | |
| FOIA-85-122, FOIA-85-A-10 NUDOCS 8510180442 | |
| Download: ML20133J435 (7) | |
Text
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yDVk o.* usoq jo UNITED STATES g
o NUCLEAR REGULATORY COMMISSION
- y WASHINGTON, D. C. 20555 o
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ON 0 9 W.
Ms. Lynne Bernabei, Esqaire Government Accountability Project IN RESPONSE REFER 4
1555 Connecticut Avenue, NW, Suite 202 TO F01A-85-122 and Washington, DC 20036 85-A-10 (F01A-85-122)
Dear Ms. Bernabei:
i This is in further response to your letter dated February 19, 1985, in which you requested, pursuant to the Freedom of Infomation Act (F0IA), documents l
related to the Three Mile Island (TMI) Nuclear Power Plants and/or the Department of Justice's inquiry into potential wrongdoing by NRC employees.
The documents identified on the enclosed Appendices pertain to Categories 1, 2, 3, 6, and 8 of your request.
The documents. identified on enclosed Appendix H are being placed in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, in file folder F01A-85-122 in your name. The documents identified on enclosed
[
Appendix I are already available in the PDR.
I have indicated the file location beside each document description, i
The documents identified on enclosed Appendix J are being withheld in whole or i
in part. Document I contains the legal analyses, advice, and recommendations of the Office of the General Counsel. This docunent was prepared in response to a specific question asked by one of the Commissioners. Documents 2 through 6 represent individual Commissioner opinions in response to the recommendations and advice set forth in SECY-85-30. Document 7 contains the predecisional anal-yses, opinions, and recommendations of the Commission staff to a Commissioner.
All seven documents clearly reflect the predecisional, deliberative processes of the agency. Release of these documents would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. The documents are being withheld from public disclosure pursuant to Exemption 5 of the F0IA (5 U.S.C. 552(b)(5)) and the Comission's regulctions at 10 CFR 9.5(a)(5).
Attachments 2 and 3 of Document 1 are already publicly available. There are no reasonably segregable factual portions in Documents 2 through 7, and they are being withheld in their entirety.
t The documents identified on enclosed Appendix V. contain information the release of which would interfere with an Office of Inspector and Auditor (01A) investi-t gation and grand jury inquiry. The documents are being withheld from public I
disclosure pursuant to Exemption (7)(A)'of the F0IA (5 U.S.C. 5552(b)(7)(A)) and the Commission's regulations at 10 CFR 9.5(a)(7)(i). Release of this informa-tion could allow these 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. The documents are being withheld in their entirety.
l t
.8510180442 851009 PDR FOIA BERNABBS-A-10 PDR
. _.-. =.
Lynne Bernabei, Esquire,
Documents that are subject to Category 1, other.than those that are being addressed on Appendices H and I, are being withheld at the request of the U.S.
Department of Justice pursuant to Exemption 3 of the F0IA (5 U.S.C. 5552(b)(3));
10 CFR 9.5(a)(3) of the Commission's regulations; and Rule 6(e) Federal Rules of Criminal Procedure.
No documents subject to Category 4 of your request were identified.
Pursuant to 10 CFR 9.15 of the Commission'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 the denial of portions of document I on Appendix J, and the documents that are subject to Category 1 is Mr. James A. Fitzgerald, Assistant General Counsel. The person responsible for the denial of documents 2 th: ' ugh 7 on Appendix J is Mr. John C. Hoyle, Assistant Secretary of the Commission.
The person responsible for the denial of the documents on Appendix K is Ms. Sharon R. Connelly, Director, DIA.
This denial may be appealed to the Secretary of the Conmission within~ 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, 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 NRC action on your FOIA request. We are, therefore, taking no action with regard to your March 18, 1985, letter in which you appealed NRC's lack of response to your F0IA request Since'ely,
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J. M. Felton, Director i
Division of Rules and Records Office of Administration
Enclosures:
As stated 5
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k I
Re:
F01A-85-122 APPENDIX H Documents Being Placed in the PDR 1.
11/01/84 Letter from J. Greenspun to B. Hayes, re:
10/31/84 meeting on Grand Jury Investigation.
(Category 8) 2.
11/07/84 Letter from B. Hayes to J. Greenspun, re:
10/31/84 meeting on Grand Jury Investigation.
(Category 8) 3.
11/09/84 Memo from N. Palladino to NRC Office Directors, re: Publicity Regarding Grand Jury Investigation.
(Category 8) i 4.
11/14/84 Handwritten notes of B. Hayes, re: Telephone Conversation with.
J. Greenspun.
(Category 8) 5.
11/14/84 Memo from B. Hayes to File, re: Grand Jury Investigation.
(Category 8) 6.
11/15/84 Letter from B. Hayes to J. Greenspun providing copies of 11/08/84 letters signed by N. Palladino regarding initiation of D0J investigation to NRC Congressional Oversight Committees, and to Craig Fuller, Asst, to the President for Cabinet Affairs.
(Category 8) 7.
11/20/84 Memo from G. Cunningham to Office Directors, re: Grand Jury Investigation nf Alleged Misconduct by NRC Employees.
l (Category 1) 4 8.
12/17/84 Memo from B. Hayes to S. Connelly, re: attempt to contact J.
Greenspun.
(Category 8) 9.
02/14/85 Summary of Order Before Commission for Affirmation (SECY-84-475A).
(Category 6)
- 10. Undated Handwritten notes of B. Hayes.
(Category 8) 1 i
i l
l i
Re:
APPENDIX I Documents Already in the PDR 1
1.
10/31/84 Letter from L. Finkelstein to N. Moseley, re:
Restart Remand on Management - Accession No. 8411060438.
(Category 2) i 2.
12/14/84 Letter from L. Finkelstein to N. Moseley re:
Restart Remand to o
Management - Accession No. 8412070359.
(Category 2) 3.
12/10/84 Letter from L. Finkelstein to Moseley re: Restart Remand'on I
Management - Accession No. 8412180542.
(Category 2) i P
f t
t I
i' t
-4 s
Re:
APPENDIX J Documents Being Withheld Pursuant to Exemption 5 (Documents Subject to Category 1) 1.
01/25/85 SECY-85-30, For the Commissioners from William Briggs, Jr.,
Solicitor, subject: Availability of Commission Provided Assistance to NRC Employees Involved in Federal Grand Jury l
Proceedings (26 pages); with 4 attachments - (1) Proposed Fact Sheet entitled " Grand Jury Questions and ' Answers" (6 pages),
(2) 06/18/85 letter from John Harmon, 00J to Frank Berndt, National Highway Traffic Safety Administration (4 pages),
(3) Comptroller General's Opinion, No. B-193536, published at 58 Comp. Gen. Op. 613 (1979) (6 pages), and (4) Ryan v. United j
States,227Ct.Cl.711-(1981).
(4 pages) 2.
01/29/85 Commissioner Asselstine's " vote sheet" on SECY-85-30 (2 pages) 3.
01/31/85 Commissioner Zech's " vote sheet" on SECY-85-30.
(1page) 4.
02/14/85 Commissioner Roberts' " vote sheet" on SECY-85-30.
(1 page) 5.
02/21/85 Chairman Palladino's " vote sheet" on SECY-85-30.
(1page) 6.
02/26/85 Commissioner Bernthal's " vote sheet" on SECY-85-30. (3 pages) 7.
Undated Memo from Pat Davis, Legal As'sistant, to Commissioner Asselstine, subject: NRC Lawyers and the Grand Jury Proceeding.
(2 pages) i i
O n
m.
Re:
APPENDIX K i
Documents Being Withheld Pursuant to Exemption (7)(A)
(Documents Subject to Categories 2 and 3) 1 1.
04/01/80 Memorandum from Norman C. Moseley for Victor Stello, Jr.
2.
04/18/80 Memorandum from Norman C. Moseley for IE TMI Task Group.
i 3.
01/26/81 Memorandum from David H. Gamble for Norman C. Moseley, w/ attachment: Coments on January 17, 1981, draft of IE investigation re: TMI.
4.
02/02/81 Memorandum from Norman C. Moseley for David H. Gamble.
l 5.
02/02/81 Memorandum from Norman C. Moseley for David H. Gamble.
6.
12/01/81 Memorandum from Roger A. Fortuna and David H. Gamble for James J.-Cummings.
7.
12/03/81 Letter from James J. Curmings to Julian Greenspun.
r 8.
09/14/84 Memorandum from Sharon it. Connelly for Jack Goldberg and f
Linda Robinson.
l i.
9.
10/26/84 Memorandum from Sharon R. Connelly for Jack Goldberg.
[
1
- 10. 10/26/84 Memorandum from Jack R. Goldberg for Administrative Law I
Judges Ivan W. Smith (Chairman), Sheldon J. Wolfe, and Gustave i
A. Linenberger, Jr., w/ attachments: Testimony of Norman C.
[
Moseley on the Dieckamp Mailgram Issue.
(
- 11. 11/01/84 Testimony of David H. Gamble submitted by Three Mile Island
(
i Alert.
L r
12.
11/02/84 Letter from David H. Gamble to Lynne Bernabei.
13.
11/13/84 Subpoena to David H. Gamble.
- 14. 11/13/84 Copy of the second page of the subpoena document served to David H. Gamble.
~15.
11/13/84 Copy of the first page of the subpoena served to David H.
i j
Gamble.
{
- 16. 11/19/84 Letter from Lynne Bernabei to Administrative Judges Ivan W.
[
Smith (Chairman),-Sheldon J. Wolfe, and Gustave A. Linenberger, I
Jr.
l 17.
11/23/84 Letter from David H. Gamble to Herzel H. E. Plaine.
l l
i
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I
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1 Re:
t t
APPENDIX K
[
(CONTINUED) l 18.
12/03/84 Letter from Herzel H. E. Plaine to David H. Gamble.
~19.
12/04/84 Letter from David H. Gamble to Herzel H. E. Plaine.
- 20. 12/04/84 Modified prefiled testimony of David H. Gamble submitted by Three Mile Island Alert.
21, 12/7-8/84 Newspaper clippings from the Philadelphia Inquirer.
f i
22.
12/07/84 Newspaper clipping from the (Harrisburg, Pennsylvania) Patriot.
- 23. 12/10/84 Letter from Lynne Bernabei to Sharon R. Connelly.
24.
12/10/84 Letter from Lynne Bernabei to Sharon R. Connelly (with penciled
(
notes).
25.
12/13/84 Memorandum.' rom Ronald M. Smith for Sharon R. Connelly.
i l
- 26. 12/13/84 Memorandum from Sharon R. Connelly for Chairman Palladino and
{
Commissioner Roberts, Asselstine Bernthal, and Zech.
- 27. 01/07/85 Letter from Sharon R. Connelly to Julian Greenspun, f
- 28. 01/07/85 Letter from Sharon R. Connelly to Lynne Bernabei.
(
i j
- 29. Undated Transcripts re: Metropolitan Edison Company (Three~ Mile Island Nuclear Station, Unit No. 1).
j
- 30. Undated Reportability of a predicted offsite exposure rate.
I i
i
- 31. Undated Reportability of a predicted offsite exposure rate (with l
handwritten comments).
i
- 32. Undated Investigation of information flow during the Three Mile Island l
[
March 1979 Accident.
i t
- 33. Undated Resume of David H. Gamble.
i 1
i I
I l
GOVERNMENT ACCOUNTABILITY PROJECT 1555 Connecncut Awnue, N.W., Suite 202 Washington, D.C. 20036 (202)232-8550 February 19, 1985 FREEDOM OF INFORMATION ACT REQUEST FREDOM OF INFURMApon ACT REQUEST Director 7 Y[-Mel-Office of Administration U.S. Nuclear Regulatory Commission h /g g y_g Washington, D.C.
20555 To Whom It May Concern:
Pursuant to the Freedom of Information Act (FOIA) 5 U.S.C.
S 552, et seq., the Government Accountability-Project (GAP),
requests copies of all agency records and information, includ-ing but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, sum-maries, interview reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, telephone messages, computations, voice recordings, and other data compilations on which or through which information is transmitted, interim and/or final reports, status reports, and all other records relevant to or generated in connection with the following:
(1)
The Department of Justice grand jury convened to investigate or inquire into potential wrong-doing by Nuclear Regulatory Commission ("NRC")
employees or officials in dealing with, inter alia, the Three Mile Island and Zimmer nuclear power plants; (2)
The proposed and/or admitted testimony of David H.
Gamble before the Atomic Safety and Licensing Board ("ASLB") which is presiding over the Three Mile Island restart proceedings, including but not lim _ited to any memoranda, correspondence or other communication between or among the Commissioners or their offices, the Office of General Counsel, the Office of Inspector and Auditor, the Office of Executive Legal Director, the Atomic Safety and Licensing Board Panel, ASLB Judge Ivan W. Smith; ASLB Judge Robert Lazo, and/or the NRC Staff 42-
,.n Lon avvt4JW""'
QQ 1
t Page Two FOIA Request February 19, 1985 concerning Mr. Gamble's testimony, the possi-ble applicaticn of the Ethics in Government Act to his testimony, and/or any restrictions on'his testimony before the TMI restart ASLB; (3)
The inquiry by the Department of Justico and/or the NRC's Office of Inspector and Auditor into potential harassment or intimidation of Dave Gamole appearing as a witness for the.intervenor Three Mile Island Alert in the TMI-l restart proceedings and into possible ex parte contacts between the Commission or any office acting on behalf of the Commission and the NRC Staff or the ASLB; (4)
The. proposed testimony of former NRC Commissioners Victor Gilinsky and Peter Bradford in the TMI-l restart proceedings, including but not limited
~
to any opinions or position papers. issued by the Office of General Counsel concerning this rc.atte r ;
(5)
he removal and/or recusal of Ivan W.
- Smith, requested by all, parties except licensee in the TMI-l restart proceeding, including but not limited to any memoranda prepared for the Commission concerning this matter; (6)
All proposed orders and other documents which justify and/or explain the basis for the Commission's decision in the TMI restart pro-coeding announced publicly on February 13, 1985, to refuse to hold further hearings on management integrity other than those already held, includ-ing but not limited to documents which address the. concerns raised by Commissioner Asselstine at the February 13, 1985 meeting about the need for further hearings; (7)
All proposed orders or other documents which constitute,. justify, or support a Commission decision to restart TMI-l prior to completion of all hearings on management integrity before the ASLB or prior to a decision being issued by the ASLB on those hearings already held; and (8)
Any communications between or among Commissioners, Commissioners' offices, the Office of General Counsel, or any other office of the NRC, on the
V Page Three FOIA Request February 19, 1985 one hand, and, on the other hand, any executive agency or the White House concerning the grand jury investigation references in item 1 above, including but not limited to any communications with Edward Meese concerning the grand jury investigation.
The items listed above are to be construed as separate items, which may be' interrelated but are not necessarily interrelated.
If any records have been destroyed and/or removed, please provide all surrounding records, including but not limited to a list of all records which have been or are destroyed and/or removed, a description of the action (s) taken, relevant date (s), individual, office and/or agency-wide policies and/or justification (s) for the action (s), identification of all personnel involved with the action (s), and any and all records relevant to, generated in connection with, and/or issued in order to implement the action (s).
GAP requests that fees be waived, because " finding the informa-tion can be considered as primarily benefitting the general public."
5 U.S.C. S 552 (a) (4) ( A).
The Government Accountability Project is a non-profit, nonpartisan public interest organization concerned with honest and open government.
Through legal repre-sentation, advice, national conferences, films, publications and public outreach, the Project promotes whistleblowers as agents of government accountability.
GAP requests the above information as part of an ongoing 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 a 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 ic role-vant 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.
Sincerely yours, L
.e Bernabei Ct eral Counsel
GOVERNMENT ACCOUNTABlUTY PROJECT 1555 Connecncut Awnue, N.W., Suite 202 Washington, D.C. 20036 (202)232-8550 February 19, 1985 FREEDOM OF INFORMATION ACT REQUEST FREEDOM OF INFDRMADON ACT REQUEST Director
~
7 YMMel-Office of Administration U.S.
Nuclear Regulatory Commission h /g gggg Washington, D.C.
20555 To Whom It May Concern:
Pursuant to the Freedom of Information Act (FOIA) 5 U.S.C.
S 552, et seq., the Government Accountability Project (GAP),
requests copies of all agency records and information, includ-ing but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, sum-maries, interview reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, telephone messages, computations, voice recordings, and other data compilations on which or through which information is transmitted, interim and/or final reports, status reports, and all other records relevant to or generated in connection with the following:
(1)
The Department of Justice grand jury convened to investigate or inquire into potential wrong-doing by Nuclear Regulatory Commission ("NRC")
employees or officials in dealing with, inter alia, the Three Mile Island and Zimmer nuclear power plants; (2)
The proposed and/or admitted testimony of David H. Gamble before the Atomic Safety and Licensing Board ("ASLB") which is presiding over the Three Mile Island restart proceedings, including but not limited to any memoranda, correspondence or other communication between or among the Commissioners or their offices, the Office of General Counsel, the Office of Inspector and Auditor, the Office of Executive Legal Director, the Atomic Safety and Licensing Board Panel, ASLB Judge Ivan W. Smith; ASLB Judge Robert Lazo, and/or the NRC Staff i
o Page Two FOIA Request February 19, 1985 concerning Mr. Gamble's testimony, the possi-ble application of the Ethics in Government Act to his testimony, and/or any restrictions on his testimony before the TMI restart ASLB; (3)
The inquiry by the Department of Justice and/or the NRC's Office of Inspector and Auditor into potential harassment or intimidation of Dave Gamble appearing as a witness for the intervonor Three Mile Island Alert in the TMI-l restart proceedings and into possible ex parte contacts between the Commission or any office acting on behalf of the Commission and the NRC Staff or the ASLB; (4)
The proposed testimony of former NRC Commissioners Victor Gilinsky and Potor Bradford in the TMI-l restart proceedings, including but not limited to any opinions or position papers. issued by the uffice of General Counsel concerning this matter; (5)
The removal and/or recusal of Ivan W.
- Smith, requested by all parties except licensee in the TMI-l restart proceeding, including but not limited to any memoranda prepared for the Commission concerning this matter; (6)
All proposed orders and other documents which justify and/or explain the basis for the Commission's decision in the TMI restart pro-coeding announced publicly on February 13, 1985, to refuse to hold further hearings on management integrity other than those already held, includ-ing but not limited to documents which address the concerns raised by Commissioner Asselstine at the February 13, 1985 meeting about the need for further hearings; (7)
All proposed orders or other documents which constitute, justify, or support a Commission decision to restart TMI-1 prior to completion of all hearings on management integrity before the ASLB or prior to a decision being issued by the ASLB on those hearings already hold; and (8)
Any communications between or among Commissioners, Commissioners' offices, the Office of General Counsel, or any other office of the NRC, on the k
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i l
Page Three 1
FOIA Request February 19, 1985 one hand, and, on the other hand, any executive agency or the White House concerning the grand jury investigation references in item 1 above, including but not limited to any communications with Edward Meese concerning the grand jury investigation.
The items listed above are to be construed as separate items, which may be interrelated but are'not necessarily interrelated.
If any records have been destroyed and/or removed, please provide l
all surrounding records, including but not limited to a list of all records which have been or are destroyed and/or removed, a description of the action (s) taken, relevant date (s), individual office and/or agency-wide. policies and/or justification (s) for the action (s), identification of all personnel involved with i
the action (s), and any and all records relevant to, generated in connection with, and/or issued in order to implement the 3
action (s).
GAP requests that fees be waived, because " finding the informa-tion can be considered as primarily benefitting the general public."
5 U.S.C. S 552 (a) (4) (A).
The Government Accountability
-Project is a,non-profit, nonpartisan public interest organization concerned with honest and open government.
Through legal repre-i sentation, advice, national conferences, films, publications and j
public outreach, the Project promotes whistleblowers as agents of government accountability.
GAP requests the above information as part of an ongoing 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 a 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.relo-vant 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)
I We look forward to your response to this request within ten days.
Sincerely yours, D
,= m i
L e Bernabei G
eral Counsel
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