ML20134G063

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Partial Response to FOIA Request for All Records Re C Van Vo 841006 Affidavit.Forwards App a & B Documents.Portions of App B Documents Withheld & App C Documents Entirely Withheld (Ref FOIA Exemptions 6 & 7)
ML20134G063
Person / Time
Site: Harris  Duke Energy icon.png
Issue date: 07/12/1985
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Guild R
GUILD, R.
Shared Package
ML20132C567 List:
References
FOIA-85-173 850814, NUDOCS 8508230003
Download: ML20134G063 (12)


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Docket 50-400 Robert Guild Attorney At Law 2135) Devine Street IN RESPONSE REFER Columbia, SC 29205 TO F0!A-85-173

Dear Mr. Guild:

This is in partial response to your letter dated March 12, 1985, in which you requested, pursuant to the Freedom of Information Act (FO!A), a copy of any and all records regarding the October 6, 1984, Affidavit of Chan Van Vo, also known as Van Vo Davis; the concerns expressed in that Affidavit by Chan Von Vo; and the NRC's action, response to and investigation of those concerns and the content of that Affidavit, including all documents regarding these subjects which are the basis for Inspectior, Reports 50-400/84-43 dated December 14, 1984, and 84-45 dated January 11, 1985, on the Shearon Harris plant.

The records listed on the enclosed Appendix A are being placed in the NRC Public Document Room (PDR), 1717 H Street, NW, Washington, DC 20555 for public inspection and copying. The records will be filed in PDR folder F01A-85-173

under your name. We are enclosing a copy of a notice that provides charges l and procedures for obtaining copies of records from the PDR. The released portions of the documents listed on Appendix B are also being placed in the PDR. In addition, copies of these records will be made available for free public inspection and copying at a nominal charge at the NRC Local Public Document Room (LPDR) for Shearon Harris, which is located at the Wake County Public Library, 104 Feyetteville Street, Raleigh, North Carolina. You may telephone Mr. Roy C, Dicks, Head of the Reference Department at 919-755-6077, for additional information concerning availability of the records at the LPDR.

Portions of documents one through ten on Appendix B have been deleted in order to withhold the home addresses and home telephone numbers of individuals. Because disclosure of this information would constitute a clearly unwarranted from public disclosureinvasion pursuantoftopersonal Exemption privacy, it isFOIA (6) of the being(withheld 5 U.S.C.

552(b)(6)) and 10 CFR 9.5(a)(6).

Portions of document 11 on Appendix 0 and Exhibits 8,13, and 18 attached thereto are investigatory records compiled for law enforcement purposes and are being withheld from public disclosure pursuant to Exemption (7)(D) of the F0!A (5 U.S.C. 552(b)(7)(D)) and 10 CFR 9.5(a)(7)(iv) of the Comission's rega ations, because disclosure would identify confidential sources.

0500230003 050014 LDj 73 PDR

- ___ _ If _ __ __ .______

i Documents identified as Exhibit 4 of document 11 on Appendix B have been referred to the Department of Labor for a disclosure determination and direct i response to you. We have been informed by NRC staff that additional document?

identified in Exhibit 23 to document 11 of Appendix 8 were provided to you separately and, therefore, they are not being provided in response to your F0IA request.

Documents 1 through 14 on Appendix C are withheld in their entirety in order to withhold information on employee counseling, promotion, and performance letters. Because disclosure of this information would constitute a clearly unwarranted invasion of personal privacy, it is being withheld from public disclosure pursuant to Exemption (6) of the F0IA (5 U.S.C. 552(b)(6)) and 10 CFR 9.5(a)(6).

Pursuant to 10 CFR 9.9 and 9.15 of the Comission's regulations, it has been determined that the information withheld is exempt from production or dis-closure, and that its production or disclosure is contrary to the public interest. The persons responsible for the denial of documents 1 through 10 on Appendix B, and 1 through 14 on Appendix C are the under;igned and Mr. J.

Nelson Grace, Regional Administrator, Region II, Atlanta. The person re-sponsible for the denial of portions of document 11 and portions of Exhibits 8, 13 and 18 on Appendix B is Mr. Ben B. Hayes, Director, Office of Investiga-tions.

The denials by Mr. J. Nelson Grace and myself may be appealed to the Executive Director for Operations within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Executive Director for Operations, 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 F0!A Decision." The denial by Mr. Ben B. Hayes may be appealed within 30 days to the Comission and should be addressed to the Secretary of the Comission.

Our search for any additional documents that may be subject to your request is continuing. We will comunicate with you again upon completion of our search and review efforts.

S Werely,

/ 441. Felton, Director Division of Rules and Records

[ Office of Administration

Enclosures:

As stated

, = .

,- 1 4

Pe: F0!A-85-173 APPENDIX A

1. Undated Official Use Only Cover Sheet (1 page)
2. Undated Case Chronology (2 pages)
3. 02/04/85 Motion for Reconsideration of Order (14 pages) -
4. 03/12/85 Memo from Uryc to Herdt (1 page)
5. Undated Inspection Report No. 50-400/85-47(7pages)
6. Undated Inspection Report No. 50-400/84-43(9pages)
7. Undated ReviewofOct.6,1984 Affidavit (3pages)
8. 02/11/85 ReviewofTranscript(7pages)
9. Undated ChargeOutRecord(1page)
10. 02/08/85 Menorandum to case file (1 page)
11. 02/06/85 Memo to Vorse from Jones (1 page)
12. 02/06/85 Memo from Uryc to Bemis (1 page)
13. 02/06/85 Memo fron Uryc to Vorse (1 page)
14. 12/29/84 Newspaperarticle(1page)
15. 01/16/85 Memorandum to Case File (1 page) 16, 12/24/84 Memo from Herdt to Lankford (4 pages)
17. 12/11/84 Meno from Uryc to Robinson (1 page) ,

18, 11/29/84 MenorandumtoCaseFile(1page)

19. 11/28/84 MemofromLankfordtoVorse(1page)
20. 11/28/84 MemofromLankfordtoHerdt/Gibson(1page)
21. 11/25/84 LetterfromPunkletoKelley(13pages)
22. 11/15/84 Order dismissing Complaint (2 pages)

l l

Re: F0!A-85-173 APPENDIX A (Continued)

23. 10/22/84 Press Release (2 pages) 24, 10/06/84 Affidavit of Chan Van Vo (16 pages)
25. 01/08/80 Federal Register (3 pages) 26, 11/19/84 Memo from Lankford (1 page)
27. 11/19/84 Memo from Lankford to Herdt/Gibson (1 page)
28. Undated Investigation Status Record (1 page)
29. 10/25/84 Allegation Data Form (1 page)
30. 11/13/84 Memo from Lankford to Gibson (1 page)
31. 11/08/84 Two-Way memo from Lankford to Herdt (1 page)
32. 11/07/84 Memo from Lankford to Herdt (1 page)
33. 11/06/84 Memo from Lankford to Bemis (1 page)
34. 11/06/84 Menorandum to Case File (1 page) 35, 11/05/84 Memo from Lankford to Barth (1 page)
36. 11/05/84 MeurandumtoCaseFile(1page)
37. 10/26/84 Metorandun to Case File (1 page) 38, 10/27/84 Memorandem to Case (1 page)
39. 10/25/84 Menorandum to case File (1 page)
40. 10/24/84 MemofromO'ReillytoVorse(2pages)
41. 10/23/84 Menorandum to Case File (1 page) 42, 10/23/84 Newspaper Article (1 page)
43. 10/23/84 flewspaper Article (1 page)
44. 10/22/84 Press Release (2 pages) l 45, 10/23/84 ftemorandumtoCaseFile(1page)
46. 10/23/84 MemorandumtoCaseFile(1page) 1

Re: F0!A-85-173 APPENDIX A (Continued)

47. 10/19/84 Meno from Blake to Lankford (1 page) 48, 10/12/84 Memorandum to Case File (1 page)
49. 10/12/84 fiemorandum to Case File (1 page)
50. 10/10/84 Pemo from Lankford to Herdt (17 pages) 51, 10/01/P4 Memorandum to Case File (1 page)
52. 09/25/84 Pemorandum to Case File (1 page)
53. 09/19/84 Allegation Data Form (1 page)
54. 11/01/84 Transcript of O! Interview of Chan Van Vo (114 pages)
55. 10/06/84 Affidavit of Chan Van Vo (16 pages)
56. 01/07/85 Routing and Transmittal Slip (1 page)
57. 01/02/85 lospection Report No. 50-400/84-42(13pages)
  • S8. 12/06/84 Supplemental Affidavit of Homan H. Wagner (8 pages)

Accession No. 8412100564 PDR ADOCK 05000400 i 59. 01/14/85 Mercrandum and Order (10 pages)

60. Undated Official Use Only Cover Sheet (1 page)
61. 11/13/84 Applicants Response to Late Filed Contentions (211 pages)
62. Undated AssignmentSheets(2pages)
63. 03/06/85 Inspection Report No. 50-400/85-06(6pages) 64, 11/06/84 MemofromAngtoBlake(1page)
65. 11/06/84 MemofromLankfordtoBemis(1page) 66, 10/19/84 tiemo from Blake to Lankford (1 page)
67. Undated Draft Memo from Herdt tn tankford (2 pages)
68. Undated VanVoAllegations(4pages)
69. Undated Draft input for SALP (2 paces)
70. Undated MenofromFoscolo(2pages)(111egibiccopy)

Re: F0!A-85-173 APPENDIX A (Continued)

71. Undated Handwritten Notes (4 pages)
72. Undated Newspaper Article (3 pages)
73. 07/14/83 Speed Letter from Van Vo Davis to McDuffie (25 pages) 74 Undated Drawing No. SSIC-A 1039 (6 pages)
75. Undated HandwrittenNote(1page) 76, 11/14/83 HandwrittenOrganizationChart(1page)
77. Undated HandwrittenListing(1page)
78. 11/09/83 WeekendRotation(1page)
79. 08/01/83 Memo from Willett to Thompson (2 pages)
80. 07/83 HandwrittenNotes(1page)
81. 06/21/83 Memo from Willett to Thompson (2 pages)
82. 06/17/83 HandwrittenNotes(1page)
83. 05/22/83 Handwrittennotes(1page)
84. 04/21/83 Memn from Willett to Thompson (5 pages)
85. 03/14/83 Meno from Fuller to File (1 page)
86. 02/14/83 HandwriteenNotes(1page)
87. 01/17/83 Memo from Willett to Thonpson (10 pages)
88. 02/12/80 Meno from Hinnat to Lucas (5 pages)
89. 04/30/P.0 Memo from Hinnat to File (1 page)
90. Undated HandwrittenNotes(4pages)
91. 07/14/82 Printout, subject: l'ilot Evaluation (1 page)
92. Undated InterofficeMemo(1page)
93. 06/10/83 NRC Exit Peeting (4 pages) 94 Undated HandwrittenNotes(4pages)

_ = _ - . _ . . _ . - _ . .. . . - - - - - - - . . . - -

1 Re: FOIA-85-173 l'

APPENDIX A .

(Continued) l

95. Undated Procedure No. WP-141 (28 pages) l 96. Undated Procedure Change Notice (2 pages)
97. Undated Construction Procedures Manual (1 page)

I 90. Undated Deficiency and Disposition Report No. 1775 (2 pages) 1

99. Undated Deficiency and Disposition Report No. 1795 (1 page)

] 100. Undated Nonconfonnance Report No. 0A-255 (1 page) 101. Undated DeficiencyandDispositionReportNo.1776(1page)

] 102. Undated DeficiencyandDispositionReportNo.1784(1page) 1 i 103. Undated DDR Package Checklist, DDR 1795 (3 pages) i 104. Undated 0A Record Correction Form (5 pages) 1 105. 11/06/84 Meuo from Ang to Blake (1 page) 106. Undated DraftAffidavitofChanVanVo(11pages) s l 107. Undated DeficiencyNoticeNo.M-010(13pages) l

! .100,08/25/82 Speed Letter from Van Vo Davis to Fuller (1 page) 109. 07/03/80 Speed Letter from Harris (1 page)

110. 07/18/83 Speed letter from Van Vo Davis to Willet (14 pages) l 111. Undated HandwrittenNotes(1page) 112. Undated Seismic Hanger Installation & Inspection Traveler (1 page) l 113. Undated WorkDirective(1paae) 114. Undated SeismicHangerInstallation8InspectionTraveler(1page) 115. 12/29/82 Attachment to Exhibit 7 (1 page) 116. Undated SeismicWeldDataReport(2pages) l 117. Undated SeismicIWeldDataReport(1page) j 118. Undated AsContructedDocumentation(1page)

)

l

Re: F01A-85-173 APPENDIX A (Continued) 119. Undated Contruction Material Renuisition No. 090662(1page) 120. Undated Construction Material Requisition No. 77012 (1 page) 121. Undated Construction Material Requisition No. 087229 (1 page) 122. Undated Construction Material Requisition No. 124681 (1 page) 123. Undated Nonconformance Report No. 84-0063 (3 pages) 124. Undated Deficiency and Disposition Report No. 2317 (1 page) 125. Undated Nonconformance Report 83-137 (5 pages) i l 126. 10/14/83 MemofromWhiteheadtoRager(5pages) 127. Undated Deficiency and Disposition Report No. 2327 (1 page) 128. Undated Work Directive - 2836(13pages) 129. 03/12/85 Memo from Uryc to Herdt (1 page) 130. Undated Handwritten Notes (1 page) 131. Undated HandwrittenNotes(1page) 132. 12/12/84 MemofronHerdttoLankford(4pages) 133. 11/13/84 Memo from Lankford to Gibson w/ enclosure (44 pages) l (Note: Only pages of enclosure with notations included l copyofcompleteenclosureincludedindocumentno.55l 134. 11/19/84 Memo from Lankford to Herdt/Gibson w/ enclosure (33 pages)

(NOTE: Only pages of enclosure with notations included, copy of complete enclosure included in document no. 61) 135. 11/20/84 Mero to Novak from Rubenstein,

Subject:

Review of Affidavit of Chan Van Vo Davis (4 pages)

)

l 136. 12/06/84 Meno for Novak from Rubenstein,

Subject:

Auxilliary Systers Branch Affidavit for Shearon Harris Nucicar Plant, linits 1 and ? - Main Feedwater System (7 pages)

  • This document can be located in the NRC Public Document Room by the Accession Nurrber indicated

e Re: F0!A-85-173 APPENDIX R

1. Undated Fnvelope to Nuclear Regulatory Commission from Chan Van Vo (1page)
2. L'rdated Certified Mail receipt (1 page)
3. 09/21/84 Letter to fir. Chan Van Vo from J.B. Lankford, NRC, RI!

(1 page)

4. 10/01/84 Memorandumtocasefile(1page)
5. 10/05/84 Letter to Mr. Bruno Uryc from Chan Van Vo (1 page)
6. 10/05/84 Letter to Fr. Aruno Uryc from Chan Van Vo (1 page)
7. 10/23/84 Memorandumtocasefile(1page) 8, 10/25/04 Letter to Mr. Chan Van Vo from J.B. Lankford, NRC, RI! (1 page)
9. 10/25/84 LettertoMr.ChanVanVofromJ.B.Lankford,NRC,RII(1page)
10. 10/30/84 Pemorandum to case file (1 page)
11. 05/16/85 Report of Investigation, Shearon Harris Nuclear Plant, Alleged Harrassment/ Int %idation and Falsification of Docurentation Commitments (10 pages) w/the following attachn.ents:
1. 10/24/84 Memorandum for James Y. Vorse Director, Office of Investigations, Atlanta Field Office, from James P. O'Reilly, subject: Request for Investigative Assistance - Harris Nuclear Plant. (18 pages)
2. 11/01/84 Investigative Interview of Chan Van Vo (114 pages)
3. 11/24/84 Letter to Mr. Larry Robinson from Chan Van Vo (20 pages)
4. Undated Exhibit 4 - This exhibit has been deleted in its entirety at the request of the Department of Labor
b. 12/14/04 Letter to Carolina Power and Light Company, ATTN:

Mr. E. E. Utley from David M. Verre111, subject: Report no 50-400/84-43(9pages) i

Re: F0!A-P5-173 l APPENDIX B l (Continued)

6. 02/13/85 Pesults of Interview with Richard Jones and Margaret Glass, as prepared by Larry L. Robinson (1 page)
7. 02/14/P5 Results of Interview with William P. Chriscoe as prepared by Larry L. Robinson (2 page)
8. Undated Results of Interview with (Deleted) as prepared by Larry L. Robinson (3 pages)
9. 02/15/85 Results of Interview with Theodore A. DiBlasi as prepared by Larry L. Robinson (2 page)
10. 02/15/85 Results of Interview with Larry Wayne as prepared by Larry L. Robinson (2 pages)
11. 02/15/85 Results of Interview with Michael L. Pruitt as preapared by Larry L. Robinson (1 page)
12. 02/15/85 Results of Interview with Charles Regan Gennany as prepared by Larry L. Robinson (2 pages)
13. Undated Results of Interview with (Deleted) as prepared by Larry L. Robinson (3 pages)
14. 02/20/85 Results of Interview with Leslie Eugene Newton as prepared by Larry L. Robinson (2 pages)
15. 02/20/85 Results of Interview with James P. Johnson as prepared by Larry L. Robinson (2 pages)
16. 02/20/85 ResultsofInterviewwithGar)vAllenPollardasprepared byLarryL. Robinson (2pages
17. 02/20/85 Results of Interview with Johnny Jackson as prepared by Larry L. Robinson (2 pages)
18. Undated Results of Interview with (Deleted) as prepared by Larry
  • L. Robinson (2 pages)
19. 02/21/85 Results of Interview with William C. Hartley as prepared by Larry L. Robinson (3 pages)
20. 02/2I/f.5 Results of Interview with Jerry Dedge as prepared by Larry L. Robinson (2 pages)
21. 02/21/85 Results of Interview with Alexander Graham Fuller as prepared by Larry L. Robinson (3 pages) t l

1 Re: F01A-85-172 APPENDIX B (Continued)

22. 02/22/85 Results of Interview with Edwin Eugene Willett as prepared by Larry L. Robinson (3 pages)
23. 02/26/85 Deposition of Chaa Van Vo, in the Matter of: Carolina Power & Light Company and North Carolina Eastern Municipal Power Agency (Shearon Harris Nuclear Power Plant), Docket No. 50-400 OL. (316 pages)

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E Re: F0lA-85-173 APPENDIX C

1. 06/22/76 Letter to Whom It May Concern from Welch (1 page)
2. 05/16/77 Letter to Whom It May Concern from Whitehead (1 page)
3. 03/16/79 Letter to (Unnamed) from Perkins Motors, Inc. (1 page)
4. 09/15/80 Memo to Vo from Smith, CP&L (1 page)
5. 10/09/80 Memo to Whom It May Concern from French, CP&L (1 page)
6. 10/10/80 Memo to Supervisors from Villett (1 page)
7. 05/27/81 Memo to Whom It May Concern from Willett (1 page)
8. 10/02/82 Memo to Van Vo from McDuffie (1 page)
9. 10/13/82 Memo to Distribution from Fuller (1 page) i
10. 03/11/83 Meno to File from Fuller (4 pages) '
11. 03/15/83 Meno to Parsons from Van Vo Davis (1 page)
12. 03/17/83 Memo to Van Vo Davis from Ferguson (1 page)
13. 08/22/83 Memo to File from Fuller (4 pages)
14. 01/10/84 Letter of Recommendation from Bell (1 page)

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