ML20134J703
| ML20134J703 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 02/11/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Binder N DEBEVOISE & PLIMPTON |
| Shared Package | |
| ML20134J707 | List: |
| References | |
| FOIA-96-485 NUDOCS 9702120255 | |
| Download: ML20134J703 (3) | |
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U.S. NUCLEAR REGULATORY COMMISSION NHc FOiA HEOUEST NUMBE H(S)
.s,. -e FOIA 485
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OD RESPONSE TYPE p.
RESPONSE TO FREEDOM OF lHNAL lX l PARTIAL (6th) s INFORMATION ACT (FOIA) REQUEST oATE
%**ee FEB 1 1 1997-e DOCKET NUMBERIS)119appincable)
REQUE ST E R Neil S. Binder PART 1.-. AGENCY RECORDS RELEASED OR NOT LOCATED (SeecheckedboAes)
No agency records subject to the request have been located.
No additional agency records subject to the request have been located.
Requested records are available through another rushlic distribution program. See Comments section.
Agency records subject to the request that are ideia!fied in Appendix (es) are already available for public inspection and copying at the N RC Public Document Room,2120 L Street, N.W., Wachington, DC.
Agency records subject to the request that are identified in Appendix (es) are being made available for public inspection and copying ct the NRC Public Document Room,2120 L Street, N.W., Washington, DC, en a folder under this FOI A number.
Thi nonproprietary version of the proposal (s) that you agreed to accept m a telephone conversation with a member of my staf f is now being made available for public inspection and copying at the N RC Public Documant Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.
Agency records subject to the request that are identifid in Appendix (es) may be inspected and copied at the N RC Local Public Document Room identified in the Comments section.
Enclosed is mformation on how you may obtain access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.
Agency records subject to the request are enclosed.
Ricords subject to the request have been referred to another Federal agency (ies) for review and direct response to you.
Fees I
You will be billed by the N RC for fees totaling $
l You will receive a refund from the N RC in the amount of $
In view of N RC's response to this request, no further action is being 12 Aen on appeal letter dated
, No.
j PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Cirtain informat on in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated y
in Pcrt II, B, C, and D. Any released portions of the documents for whlh only part of the record is being withheld are bein0 made available for public inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number, COMME NTS Copies of the releasable portions of the records identified on Appendix L are enclosed.
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BINDER 96-485 PDR g.w-m p
F064 husABEM(si DAtE RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOlA 485 FEB 11 W9L
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(CONTINUATION)
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PART II.B-APPLICABLE EXEMPTIONS l Exernption No.(s) and for the reason (s) given below pursuant to Records subject to the request that are described in the enclosed Appendix (es) b are being withheld in their entirety or in part under the
- 1. The withheld enformaticA se properly classified pursuant to Executive Order (Exemption 1)
- 2. The withheld informatson relates solely to the enternal personnel rules and procedures of NRC (Exemption 2) l l3. The withhold mformation is specifically esempted from public disclosure by statute mdicated. (Exemption 3)
Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restncted Data or Formerly Restncted Data (42 U.S.C. 21612165).
I Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167).
- 4. The withheld mformation is a trade secret or commercial or fmancial mformation that is bemg withheld for the reason (s) indicated. (Exemption 4)
The enformation is considered to be confidential busmess (proprietary) mformation.
The enformation is considered to be propnetary mformation pursuant to 10 CFR 2 790ldil1).
j The information was submrtled and received m confidence pursuant to 10 CFR 2.790idH2l
- 6. The withheld mformation consists of mteragency or intraagency records that are not available through discovery during litigation (Exemption 5). Applicable Pnvilege; Deliberative Process-Disclosure of predecisional mformation would tend to inhibit the open and frank enchange of ideas essential to the deliberative process Where records are withheld m their entreety, the f acts are meatncably intertwined with the predecisionalinformation. There also are no reasonably safpregable f actual portions because the release of the f acts would permit an mdirect inQuery mto the predecisional prncess of the agency Attorney work product pnvdege (Documents prepared by an attorney in contemplation of litigation I Attorney-chent privilege. (Confidential communications between an attorney and his/her chent.)
- 6. The withheld mformation is exempted from public disclosure because its disclosure would result in a clearly unwarranted mvasion of personal pnvecy. (Exemption 6)
X 7, The withheld mformation consists of records compded for law enforcement purposes and is being withheld for the reason (s) indicated (Exemption 7)
Declosure could reasonably be expected to interfere with an enforcement proceedmg because it could reveal the scope, direction, and focus of
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enforcement efforts, and thus could possibly allow recipients to take action to sheeld potential wrongdoing or a violation of NRC requirements from investigators. (E nemption 7 ( All y
Disclosure would constitute an unwarranted mvasion of personal privacy. (Ememption 7(C))
The information consibts of names of mdividuals and other information the discloture of which could reasonatlly be enDetted to revealidentitres of confidential sources. (Exemption 7 (D))
OTHER l
PART 11. C-DENYING OFFICIALS Pursuant to 10 CF R 9 25(b) and.or 9 25tc) of the U S. Nuclear Reguietory Commission regulations, it he been determined that the information withheld is exempt from pro.
The persons responsible for the densa are those officials identified below as denying r
duction or disclosure, and that its production or disclosure is contrary to the public mterest officials and the Director, Division of Freedom of information and Publications Services. Office of Admimstration, for any denials that may be appealed to the E mecutive Director for Operations (EDOI.
l DENYING OFFICIAL TI TL E <OF FICE RECORDS DENTED APPELLATE OFFICIAL EDO ERN 4G li rector Office of e
W Cny D. Capto InvestN ations Accendix L y
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l PART 11. D-APPEAL RIGHTS The denist by each denymg official identified in Part il C may be appealed to the Appellate Official identified there. Any such appeal must be made m wntmg withm 30 days of receipt of this response. Appeals must be addressed, as appropriate, to the Executive Director for Operations. to the Secretary of the Commission, or to the inspector General, U.S. Nuclear Rz:Jittory Commission. Washmgton, DC 20555. and should clearty state on the envelope and m the letter that it is an " Appeal from en initial FOf A Decism '
i l NXC FORM 464 (Part 2) (191)
U.S. NUCLEAR RQGULATORY COMMISSION
Re: F01A-96 485 APPENDIX L RECORDS BEING WITHHELD IN PART NO.
DATE QESCRIPTION/(PAGE COUNT)/ EXEMPTIONS 1.
Undated Handwritten Investigator's notes (1 page) EX. 7C 2.
Various Case Chronology.
Subject:
2-95-008 (9 pages) EX. 7C 3.
3/17/95 Memorandum for File Case No. 2-95-008 from James Dockery.
Subject:
Telephone Conversation with Alleger Gary Phipps re: Allegations RII-95-A-0026 (2 pages)
EX. 7C 4.
4/3/95 E-Mail from James Dockery to LMS.
Subject:
EICS Files (1 nage) EX. 7C 5.
Undated Typewritten Investigator's Notes.
Subject:
2-95-008 (1 page) EX. 7C 6.
3/8/96 Exhibit 3 to ROI 2-95-008. Investigative Interview of Individual (52 pages) EX. 7C i
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DECEVOICE & PLIMPTON 21 A V
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875 THIRD AVENUE
,S g STREET NEW YORK, NY 10022
- aca3s3.aooo e as-u 40 731212 TEEPHONE M17U 329 0779 (212) g TRECORER (202 3834118 TELECORER 03.u 47 20 50 82 TEECUER (44-17H 329 08Go N CENT 1065 ButWEST 30 TREW[2e O 791s os.1$1ce45 TELECoPIER: (212) 909-6836 TELECORER (852 2610 9826 MLECORER 06 U 132 7995 November 14, 1996 FO!A/PA 6 Russell Powell Chief of the FOIA/LPDR Case No:
9/o-48.6 Nuclear Regulatory Commission Date Rec'd
//-/f-94
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Mail Stop T6D8 g g*
74 Washington, D.C. 20555-0001 ReishdCase-
Dear Mr. Powell:
This is a request under the Freedom of Information 5 U.S.C. S 552.
I request that a copy of all records
- Act, and other documents that fit the following description be sent to me:
- 1) All records or other documents from January 1, 1993 to the present that are not currently in the public documents room and that relate to Florida Power and Light's St. Lucie Nuclear Power Plant (Unit 1 and/or Unit 2).
- 2) The number of inspection hours (by quarter) devoted by the NRC to all licensed nuclear plants in' region 2 since January 1, 1993.
In order to help determine my status for the purpose of assessing any fees, you should be advised that I represent a company, and I am seeking information for use related to the company's business.
Please advise me of any fees associated with processing this request.
Sincerely, V'
Neil S. Binder 20280632.01 cn o/3/o287
s March 17, 1995 L
MEMORANDUM FOR FILE: CASE NO 2-95-008 FROM:
J k
, Sr. Investigator Off ce of Investigations Field Office, Region II
SUBJECT:
TELEPHONE CONVERSATION WITH ALLEGER GARY PHIPPS l
RE: ALLEGATION RII-95-A-0026 On March 16, 1995, at approximately 6:10 p.m., Sr. Investigator James D.
Dockery telephonically contacte Ga PHIPPS e alleger in this matter, at his residence (telephone number Investigator Dockery
// (, _
identified himself to PHIPPS and explained the I role in evaluating his discrimination allegation.
PHIPPS responded to some preliminary questions as i,
documented herein.
f PHIPPS is not represented by an attorney in this matter and does not currently i
anticipate retaining counsel in the future. The alleger is aware of the DOL (ERA 211) complaint procedure. His allegation dates back to October 26, 1994.
Investigator Dockery advised PHIPPS that, by statute, he had 180 days within which to file the DOL complaint. PHIPPS was aware of this requirement and stated that he was currently in the process of documenting his concerns, per the request of the RII allegation coordinator. He expected to have this documentation, which would include a " time line," finished within a week to-r -
10 days. According to the alleger, the documentation he is preparing will also serve as the basis for his DOL complaint in the matter.
Investigator Dockery advised PHIPPS that he would be interviewed by OI as part of the NRC
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evaluation of his allegation; therefore, it would be beneficial if his j
documentation was reviewed by Investigator Dockery prior to that interview.
PHIPPS will mail the documents to RII and arrangements have been made for OI to be advised and obtain the material when it is received by the RII allegation coordinator.
Investigator Dockery attempted to explain to the alleger that NRC interest in his discrimination allegation was purely regulatory and that any personal remedy he sought should be pursued through DOL and/or civil legal proceedings.
)
PHIPPS preempted this explanation stating "I'm not out here to make money...I just don't want this to happen anymore." He stated "my supervisor threatened me...I just want to make sure I'm covered for the future..." and he "...just want(ed) to have it on the record."
It was also explained to PHIPPS that if it was determined that his allegations q,
merited full investigation, due to the nature of the allegation OI could not r
guarantee him confidentiality.
PHIPPS acknowledged that he understood he could not expect confidentiality if the matter was investigated by 01.
rnformation in this record was de!eted ia accordange with the Freedom of information Act, exemptpas 7 C FolA. _
16-A ss f(, pp MM
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However, as PHIPPS claimed he indicated to the RII allegation coordinator, he does not want his name to become "public."
Investigator Dockery explained that the NRC and 0I had no intention of unduly publicizing his identity and that this concern could be discussed further when he was interviewed by 01 after Investigator Dockery reviewed the documentation PHIPPS was preparing.
PHIPPS stated that he works at St. Lucie NP evenings from 11:30 p.m. until 7:30 a.m.
Investigator Dockery advised that he would prefer to contact PHIPPS l
via his residence telephone as opposed to calling him at work and suggested i
that PHIPPS explain Investigator Dockery's identity to his wife. PHIPPS
)
i agreed. The telephone conversation with PHIPPS was concluded at approximately l
6:40 p.m.
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