ML20136F097
| ML20136F097 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 08/19/1985 |
| From: | Carr A DUKE POWER CO. |
| To: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| References | |
| FOIA-85-584 EA-84-093, EA-84-93, NUDOCS 8511220038 | |
| Download: ML20136F097 (2) | |
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ggcg.ga August 19, 1985 Esit" fI nE""'
FREEDOW OF MFOfttIAT40N ACT REQUEST fo.TA 51Y J. M. Felton, Director g g h [,2d ~ N Division of Rules and Records Office of Administration U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Re:
Freedom of Information Act Request Regarding Enforcement Action EA 84-93
Dear Mr. Felton:
Pursuant to the Freedom of Information Act (5 USC G55?) and the NRC's implementing regulations thereunder (10 CFR S9.3 et seq.) I hereby request on behalf of Duke Power Company all documents related to and underlying Enforcement Action No. EA 84-93 being taken against Duke Power Company.
This enforcement action is reflected in the Notice of Violation and Proposed Imposition of Civil Penalty issued August 13, 1985.
This request extends not only to all relevant documents at NRC Headquarters relating to the enforcement action and thes events surrounding Mr. Gary E.
" Beau" Ross, but also to.all such documents within'NRC Region II including any such documents reflecting any communications between Region II and NRC Headquarters. This reque:t. includes, but is not limited to, all documents reflecting, underlying, or 'otheNise rel9Vant to:
1.
Any communications between NRC employees and/or representatives and members and/or representatives of Palmetto Alliance, the Government Accountability Project and/or any other, outside group or individual concerning possible enforcement action based on the events surrounding Mr.
Ross and/or the concerns expressed by the welding inspectors at Catawba Nuclear Station, and/or alleged harassment and/or intimidation of any quality control / quality assurance inspector. at th'e Catawba Nuclear Station.
2.
The June 4,1985 Director's Decision (00-85-9), including alternative drafts or proposals, and including all documents reflecting any independent fact-finding investigation conducted by NRC in connection with the enforcement action or concerning Mr. Rost..
3.
Any decision to engage or not to engage in any independent fact-finding in connection with the enforcement action and Mr.
Ross.
4.
Deliberations regarding whether the record developed before the ' Atomic Safety and Licensing Board was adequate to support a finding of discrimination within the meaning of 42 USC S5851 and/or 10 CFR 650.7.
This request also extends to any documents reflecting deliberations whether the 8511220038 850819
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J. M. Felton, Director U. S. Nuclear Regulatory Commission August-19, 1985 Page two record developed before the Atomic Safety and Licensing Board was adequate to support the Board's finding of discrimination.
5.
Deliberations regarding the appropriate severity level to be assignea the alleged violation.
6.
Any communications between representatives of the NRC and representatives of the Department of Labor relating to this enforcement action or the events surrounding Mr. Ross.
7.
The Commission's decision not to review 00-85-9, including documents underlying and reflecting the majority votes of Chairman Palladino and
- Commissioners Bernthal and Asselstine, and documents underlying and reflecting the dissenting views of Commissioners Roberts and Zech.
8.
The August 13, 1985 Notice of Violation including alternative drafts or proposals.
9.
The August 13, 1985 Proposed Imposition of Civil Penalty, including alternative drafts or proposals.
I would appreciate your prompt response to this request within the ten working day period provided in 10 CFR S9.9.
Duke Power Company's deadline for responding to the Notice of Violation and Proposed Imposition of Civil Penalty.is September 12, 1985.
The documents I am requesting could well prove to be significant to that response.
Accordingly, I hope that this request will be met as expeditiously as possible.
If you cannot meet this request within the period set out in the regulations, please notify me as soon as possible, and tell me when you will be able to respond.
Sincerely,
~
Albert V arr, Jr.
c: James N. Taylor Jsne A. Axelrad