ML20136C029

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Fourth Partial Response to FOIA Request Re Six Categories of Documents.Forwards App M-O Documents.App O Document Partially Withheld & App P & Q Documents Completely Withheld (Ref FOIA Exemption 5)
ML20136C029
Person / Time
Site: Wolf Creek Wolf Creek Nuclear Operating Corporation icon.png
Issue date: 11/07/1985
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Devine T, Varricchio M
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20136C034 List:
References
FOIA-85-101, REF-10CFR9.7 NUDOCS 8511210006
Download: ML20136C029 (7)
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UNITED STATES NUCLEAR REGULATORY COMMISSION 3, ' y E WASHINGTON, D. C. 20555

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NOV 715n Ms. Michele Varricchio Mr. Thomas Devine Government Accountability Project 1555 Connecticut Avenue, NW, Suite 202 IN RESPONSE REFER Washington, DC 20036 TO F01A-85-101

Dear Ms. Varricchio and Mr. Devine:

This is the fourth partial response to your letter dated February 6,1985, in which you requested, pursuant to the Freedom of Information Act (F0IA), six categories of documents regarding the Wolf Creek Generating Station.

The documents listed on the enclosed Appendices M through Q are responsive to your request. The documents are already in the NRC Public Document Room (PDR),

are being released in their entirety or in part, or are being withheld in their entirety, as noted on each appendix. The applicable F0IA exemptions for withheld information are noted next to the document descriptions on the appendices.

Copies of the documents released in whole or in part are being placed in the PDR. You may obtain access to these records by requesting PDR folder F01A-85-101 under your names. Documents already available for public in-spection in the PDR may be obtained by referring to the file location which is noted next to the description of each document.

Information withheld pursuant to Exemption (5) cor;ists of predecisional analyses, opinions and recommendations of members of the staff, the General Counsel and Comissioners. Release of this information would tend to inhibit the open and frank exchange of ideas essential to the deliberative process.

There are no reasonably segregable factual portions of the documents identified on Appendix P. This information is being withheld from public disclosure pursuant to Exemption (5) of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Commission's regulations.

Information withheld pursuant to Exemption (2) of the Government in the Sunshine Act (5 U.S.C. 552b(c)(2)) and 10 CFR 9.104(a)(2) of the Commission's regulations consists solely of internal personnel rules and practices of the agency.

8511210006 851107 PDR FOIA VARR IC H85-101 PDR 1 J

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' 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 a portion of the document listed on Appendix 0, the documents numbered 2, 3, 5 and 6 on Appendix P. and the document listed on Appendix Q is Mr. John C. Hoyle, Assistant Secretary of the Commission. The person responsible for the denial of document number 1 on Appendix P, is Mr. Ben B. Hayes, Director, Office of Investigations. The person responsible for the denial of document number 4 of Appendix P is Mr. James A. Fitzgerald, Assistant General Counsel.

This denial may be appealed to the Secretary of the Commission 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 F0IA Decision."

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. M. Felton, Director Division of Rules and Records Office of Administration

Enclosures:

As stated v-h L.

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Re: F01A-85-101 (Fourth Response)

APPENDIX M RECORDS BEING PLACED IN PDR

1. 07/27/84 Notice of Significant Licensee Meeting (1 page)
2. 08/07/84 Enforcement Conference Agenda (1 page)
3. 08/07/84 Attendance KG8E Enforcement Conference (1 page)
4. 08/15/84 Ltr from Glenn Koester to John T. Collins, re: James E. Wells, Jr. (1 page)
5. 09/24/84 Memo from R. Denise to R. DeYoung, subject: Wolf Creek Allegation Program Assessment (Q-4-85-001) (2 pages)
6. 09/24/84 Notification of Significant Enforcement Action (1 page)
7. 10/19/84 Memo from R. DeYoung to R. Denise, subject: Status of HRC/RIV Processing of Allegations - Wolf Creek (Q-4-85-001) (1 page)
8. 10/26/84 Ltr from R. Denise to G. Koester w/ enclosure; (Q-4-84-052) and (Q-4-84-053) (16 pages)
9. 11/13/84 Memo from R. Martin to R. Kerr, subject: Questionable Weld Record - Wolf Creek (Q-84-052 & 053) (1 page)
10. 11/19/84 Memo from R. Martin to R. Kerr, subject: Questionable Weld Record - Wolf Creek (04-84-053) (1 page)
11. 11/19/84 Memo from R. Martin from R. Kerr, subject: Questionable Weld Record - Wolf Creek (04-84-052) (1 page)
12. 11/20/84 Memo from R' Martin to S. Connelly, subject: NRCM 0702 Notification (Q-84-052) (2 pages)
13. 11/21/84 Ltr to G. Koester from R. Martin, subject: Notice of Violation and Proposed Imposition of Civil Penalty (Q-4-84-053) (7 pages)
14. 02/01/85 Ltr from D. Glickman to N. Palladino (Q-4-85-001) (1 page)
15. 02/08/85 Ltr from J. Slattery to N. Palladino (Q-85-001) (4 pages)
16. 02/19/85 Memo from Chilk to Asselstine, subject: 01 Request for Comission Guidance on Initiating Investigations of Senior Managers at the Wolf Creek Generating Station (04-85-001)

(1 page) Note: Attachment I is the 2/19/85 memo from Chilk to Hayes (Doc # 17 of this Appendix) Attachment 2 is the transcript - See Appendix 0,

17. 02/19/85 Memo from Chilk to Hayes, subject: Guidance on Initiating Investigations at Wolf Creek (Q-4-85-001) (1 page) 9 e l

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Re: F01A-85-101 (Fourth Response)

APPENDIX N DOCUMENTS ALREADY IN PDR

1. 01/09/85 Ltr from J. Dingell to N. Palladino, PDR/C0 MMS /NRCC #8501290750 (Q-4-85-001) (2 pages)
2. 01/23/85 Letter from Palladino to R. Dingell PDR #8501290745
3. 03/11/85 Dircks to Glickman (22 pages) ANO: 8503250387, PDR/AD0CK/50-482 U
4. 03/20/85 Ltr from D. Glickman to N. Palladino (1 page) (Q4-85-001)

PDR/ADOCK/50-482U, PDR #8503270690

5. 04/23/85 Ltr from N. Palladino to D. Glickman, (1 page) (Q4-84-052 & 053)

PDR/AD0CK/50-482 U, PDR #8505170545 9

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i Re: F01A-85-101 (Fourth Response) s APPENDIX 0

. PORTIONS OF RECORD DELETED EXEMPTION

1. 11/24/82 Memo from Chilk to Fitzgerald, 5 subject: Staff Requirements - Discussion of Office of Investigations Policy and Procedures (Cont'd), 10:00 A.M., Monday November 8,1982, Comissioners' Conference Room,.D.C. Office (Closed--Exemption 2)

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Re: F01A-85-101 (Fourth Response)

APPENDIX P RECORDS DENIED IN ENTIRETY - EXEMPTION 5

1. 12/10/84 Memo from Hayes to H.H.E. Plaine, subject: Reportability of Wrongdoing to NRC (0-4-85-001) (1 page)
2. 12/24/84 Memo from Hayes to Palladino and Cmmrs., subject: Wolf Creek Generating Station - Character Issues Pertaining to Two Senior Managers (Q4-85-001) (3 pages)
3. 01/08/85 Memo from T. Roberts to Hayes, subject: 01's December 24, 1984 Request for Commission Guidance (Q4-85-001) (2 pages)
4. 01/09/85 Memo from Fitzgerald to Hayes, subject: Reportability of Wrongdoing to NRC (Q-4-85-001) (4 pages)
5. 01/15/85 Memo from Hayes to Roberts, subject: 0I's December 24, 1984 Request for Commission Guidance (Q4-85-001) (5 pages)
6. 01/16/85 Memo from Palladino to Hayes, subject: Your December 24, 1984 Memorandum Regarding Wolf Creek (Q4-85-001) (1 page) 4 1

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.. s l Re: F01A-85-101 (Fourth Response) l APPENDIX Q RECORD DENIED UNDER GOVERNMENT IN THE SilNSHINE ACT

, EXEMPTION 2

1. 11/08/82 Comission Meeting Transcript pages 72, 73 and 74 (3 pages) 4 4

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i GOVERNMENT ACCOUNTABlUTY PROJECT 1555 Connecticut Awnue, N.W., Suite 202 Washington, D.C. 20036 (202)232-8550 February 6, 1985 gpu OF INFORMAIl0N Director N

g gST Office of Administration Nuclear Regulatory Commission Washington, D.C. 20555 poIA-M* )

To Whom It May Concern: M Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C.

5552, the Government Accountability Project (GAP) requests copies of any and all agency records and information, including but not limited to notes, inter-office memoranda, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, engineering analyses, drawings, files, graphs, maps, photographs, agreements,-

handwritten notes, studies, data sheets, no tebooks , telephone messages, books, computations, voice recordings, computer run-offs, representative records, interim and/or final reports, status reports, and any and all other records relevant to and/or generated in connection with the Wolf Creek Generating Station STN-50-482 in the following areas:

Institute of Nuclear Power Operations 1983 (INPO) Report on Wolf Creek. This report, referred to in an October 9, 1984 letter from Darrel G. Eisenhut, Director of the Office of Nuclear Reactor Regulation, to Michele Varricchio of the Government Accountability Project, was received on the Wolf Creek site by-NRC Office of Inspection and Enforcement and NRC Region IV representatives, Investigations conducted during construction and : licensing of the Wolf Creek Generating Station by the NRC Office of Investigations, NRC meeting of January 15, 1985 with Kansas Gas and Electric to discuss the operational readiness of Wolf Creek and a February 6, 1985 meeting held for the same purpose, NRC meeting held in Bethesda Maryland on November 28, 1984 to discuss the status of completion and future schedule for licensing of Wolf Creek,

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1 Director Office of Administration Page two February 6, 1985 allegations of James Wells,NRC investigations and inspections e regarding th NRC Region IV meeting October 29, 1984, employee at Wolf Creek.

If any Manual, records supra, as defined in 10 CFR 39.3(b) Enforcement Conference.

and the NRC and/or removed after this request,and covered by this request have been dest which of the have been action (s) ortaken are destroyed and/or removedplease provide all records relevant ,

a description with, and/or issued in order to implement the action (to, s). generated in connectio GAP requests that fees be waived, because providing the requested the general information "can be considered as primarily ben public," 5 U.S.C. e fit i t ng 552 (a) (4) (A) .

and open government.non-partisan public interest organization onest concerned with hG national conferences, Through legal representation, films publications, advice, promotes whistle-blowers as, agents of governmental accand public outreach, GAP GAP is currently working with citizens groups i ountability.

area concerning the Wolf Creek Generating Station n the Kansas accessFor any documents or portions of documents 484 F.2dto, please provide an index, as required by Vau hthat 820 g n you deny

v. Rosen, (D.C.Cir. 1973), cert. denied, 415 U.S. 977 (1977),

itemizing and describing the documents or ~ portio withheld, ns for claiming each exemption.and providing a detailed justification of documents ofh your ground s

look forward to such a response within .

quest.ten WedaysThank you Sine rely, ,

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}-L tW Michele Varricchio Law Clerk Thomas Devine Legal Director I

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