ML20137J805

Third Partial Response to FOIA Request for Documents.Records in App F Encl & Will Be Available in Pdr.App G & H Records Withheld in Part (Ref FOIA Exemptions 5 & 7)

ML20137J805
Person / Time
Site:	Fort Saint Vrain
Issue date:	03/31/1997
From:	Reed C NRC OFFICE OF ADMINISTRATION (ADM)
To:	Sauro B AFFILIATION NOT ASSIGNED
Shared Package
ML20137J811	List: ML20137J805 ML20137J825 ML20137K000 ML20137K011 ML20137K055 ML20137K061 ML20137K078 ML20137K088 ML20137K102 ML20137K115 ML20137K791
References
FOIA-96-434 NUDOCS 9704040136
Download: ML20137J805 (6)

Text

U.S. NUCLEAR REGULATORY COMMISSION NRC Foi RE0utsi up Bt g y (f FOIA - B - 7. # / '

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RESPONSE TYPE , //

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hy RESPONSE TO FREEDOM OF INFORMATION ACT (FOlA) REQUEST o^"

l FINAL PARilAL JM l MAR 3 1 19N-DOCKET NUMBE R(Si(If apphcable)

LEQUEST E R A 0 PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checAedboxes/

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 public distribution program. See Comments section, Agency records subject to the request that are identified in Append;m(es) are already available for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.

Agency records subject to the request that are identified in Appendix (es) b are being made available for public inspection and copying )

et th: NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.

Th nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made available for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FOI A number. I Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the NRC Local Public Document l Room idertified in the Comments section. I Enclosed is inforrrg. tion 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.

p Agency records subject to the request are enclosed.

Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you.

Fees You will be billed by the NRC for fees totaling $

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 taken on appeal letter dated . No.

PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being withheld from public disclosure nursuant to the exemptions described in and fa; the reasons stated in Part 11, B, C, and D, Any released portions of the documents for which only part r t he record is being withheld are being made available for public inspection and copying in the NRC Public Document Room,2120 L Street, N.W.,N agton, DC in a folder under this FOI A number.

COMMENTS Th8 Sourch for and review of N records s@Joct to your request is contnzy

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FOIA fuuMBERist DATE RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST (C;NTINUATILN)

FOIA - T@f' MAR 31 m7 l PART li.8- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) are being withheld in their entirety or in part under the Enremption No.(s) and for the reasonis) given below pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of N RC regulations.

1. The withheld int ation is properly classified pursuont to Executive Order. (Exemption 1)

2. The withheld information relates solely to the intemal personnel rules and procedures of NRC. (Ememption 21 l l3. The wethheld informatum is specifically exempted from pubhc disclosure by sistute indicated. (Exemption 3)

Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restncted Data (42 U.S.C. 2161-2165).

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Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167),

( l4. The wrthheld information is a trade secret or cornmercial or fmancial mformation that is being withheld for the reasontal indicated. (Exemption 4) l The mformation is considered to be confidential business (propnetaryl information.

The mformation is considered to be propnetary information pursuant to 10 CFR 2 790(dHI)

The mformation was submitted end received m confidence pursuant to 10 CFR 2 7901d)(2).

l )(l5. The withheld information consists of mteragancy or mtraagency recoeds that are not available through discovery dunng litigation (Exemption 6). Apphcab!s Pnvilege:

Dehborative Process. Disclosure of predecisional information wow i nd to mhitut the open and frank exchange of ideas essential to the dehberative process.

V Where records are withheld m their enterety. the f acts are mestr ceti , lertwined with the predecisionalinformation. There also are no reasonably segregable f actual 4 portioris because the release of the f acts would permit an mdnect iiwiuiry mto the pre'*ecisional process of the agency Attorney work product pnvilege (Documents prepared by an attorney in coniemplation of htigation i Attorney <,lient privilege, (Confidential communications between en attorney and his/her chent.)

6. The withheld mformation is exempted from public disclosure because its disclosure would result m a clearly un*strented invasion of personal pnvecy (Ememption 61

7. The withheld mformation consists of records compiled for law enforcement purposes and is being withheld for the reason (s) vidicated. (Exemption 7)

Disclosura could reasonably be expected to interfere with an enforcement proceedmg because et could reveal the scope, direction, and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdomg or a violation of NRC requirements from investigators. (Exemption 7 ( A))

Disclosure would constitute en unwarranted mvasion of personal privacy. (Exemption 7(C))

The mformation consists of names of individuais and other information the disclosure of whah could reasonably be emoected to reveal identities of confidential sources. (Enemption 7 (D))

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l PART N. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25(b) andtor 9 25(c) of the U S. Nuclear Regulatory Commission regulations, it has been determined that the information withheld is exempt from pro duction or disclosure and that its production or disclosure is contrary to the pubhc mterest. The persons responsible for the denial are those officials identified below as denymg s ffectis and the Director, Division cf Freedom of information and Pubbcations SL vices. Office of Adm nistration, for any deniais that may be appealed to the E necutive Director for Operctions (EDOI.

l DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL lL y y o %E4V ~ / i A ye '

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l PART N. D- APPEAL RIGHTS The denial by each denymg official idsntified in Part ll.C may be appealed to the Appellate Official identified there. Arry such appeal must be made in writing withm 30 days of receipt of this response. Appeals must be Odressed, as appropriate, to the Executive Director for Operations, to the Secretary of the Commission, or to the inspector General, U.S. Nuclear Regulatory Commission, Washmoton, DC 20565, and should clearly state on the envelope and in the letter that it is an " Appeal from an initial FOI A Decision."

NRC FORM 464 (Part 2) (191) U.S. NUCLEAR REGULATORY COMMISSION

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Re: FOlA-96-434 l .

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l APPENDIX F j RECORDS BEING RELEASED IN THEIR ENTIRETY l

l lEL DAIE DESCRIPTION /(PAGE COUNT) l

1. Various Handwritten Investigator's Notes (5 pages)

2. Various investigation Status Records (6 pages)

3. Various Case Chronology (2 pages) i

4. Undated Investigative Plan (Blank) (1 page)

5. Various Memoranda to Case File (5 pages)

6. Various Telephone or Verbal Conversation Records (4 pages)

7. Undated Various excerpts from 10 CFR 50.7 (4 pages)  !

8. 04/14/94 Memorandum for E. L. Williamson from Jonathan Armenta, Jr.,

Subject:

Chronology of Evens sine the Preliminary Notification (dated March 25,1994) of Event or Unusual Occurrence Case No. 4-94-010 (Fort St. Vrain) (7 pages)

9. 08/15/94 MKC Inter-Office Correspondence to Distribution from Bill Hug,

Subject:

Guidelines for Reduction in Force Actions (9 pages)

10. 09/16/94 Memorandum for File (Case No. 4-94-010) from Jonathan Armenta, Jr.,

Subject:

Opinion from the RIV Office of General Counsel, Regarding Two Separate issues: (1) Allegation of Harassment and intimindatio, (2) Allegation of Discrimination (1 page)  !

11. 04/17/95 MK Inter-Office Note to: Mary Fisher, PSC from Bill Hug, MK-Ferguson (5 pages)

12. 04/18/95 Fascimile Sheet to Sam chesnutt from Jonathan Armenta,Jr., with attachment (2 pages)

13. 04/2/0/95 Memorandum to E. L. Williamson from Jonathan Armenta, Jr.,

Subject:

Verbal DOJ Declination of Prosecution Re: Public service Company of Colorado, Fort St. Vrain (Case No. 4-94-010) (1 page) l

Re: FOlA-96-434 APPENDlX F (continued)

RECORDS BEING RELEASED IN THEIR ENTIRETY MQ DATE DESCRIPTION #PAGE COUNT)

14. 05/26/95 Elemorandum for L. J. Callan, from E. L. Wiliamson,

Subject:

Fort St. Vrain: Alleged Falsification of Radiation Survey Records (Case No. 4-94-010) (1 page)

15. 05/26/95 01 Report of InvestigLtion 2-94-010, Fort St. Vrain: Alleged Falsification of Radiation Survey Records (11 pages)

16. 09/02/94 Report of Interview with Individual (2 pages)

17. 03/29/94 Exhibit 1 to 01 ROI 2-94-010, investigation Status Record (1 page) ,

18. Undated Exhibit 3 to 01 ROI 2-94 010, PSC's Correction Action Summry (Employee Employment Status) (2 pages)

19. 09/01/95 Facsimile to Len Williamson from Jonathan Armenta, Jr., with l note (1 page)  :

20. Undated PSC Correction Action Summary (9 pages)

21. 04/13/94 Notice of Significant License Meeting (2 pages)

22. 06/15/94 Letter to PSC from Samuel J. Collins,

Subject:

NRC Inspection Report 50-267/94-03; 72-009/94-03 (13 pages) l

23. 04/12/95 Memorandum to C. L. Cain, from R. J. Evans,

Subject:

Incorrect 4 Survey of Barrels Shipped for Disposal from FSV (3 pages)

24. 04/12/95 Memorandum to C. L. Cain, from R. J. Evans,

Subject:

Identification of a Problematic SEG Employee (2 pages)

25. 04/17/95 Allegation Assignment Form (1 page) ,

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Re: FOlA-96-434 APPENDIX G RECORDS BEING WITHHELD IN PART fiQ. DATE DESCRIPTIONRPAGE COUNT)/ EXEMPTIONS

1. 08/31/95 Facsimile to Len Williamson from Jonathan Armenta, Jr., with attachments (6 pages) EX. 7C

2. 09/05/95 Memorandum to Gary Sanborn from E. L. Williamson,

Subject:

Fort St. Vrain (FXV): Alleged Falsification of Radiation Survey Records (Caso No. 4-94-010) (1 page) EX. 7C

3. 11/13/95 Transcript of Interview of Roland Sawyer (133 pages) EX. 7C

4. 11/14/95 Transcript of Interview of Kenneth Zahrt (176 pages) (Note:

transcript is missing 4 pages) EX. 7C

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Re: FOIA-96-434 APPENDIX H RECORDS BEING WITHHELD IN THEIR ENTIRETY HQ DATE DESCRIPTION /fPAGE COUNT)/ EXEMPTIONS

1. 01/30/96 Memorandum to Blair Spitzberg, Branch Chief, Nuclear Materials  !

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Licensing Branch, from Vincent Everett, Health Physic';t, Nuclear l Materials Licensing Branch, Subject Review of the Zahrt/ Sawyer  !

NOVs (10 pages) EX. 5

2. 03/27/96 Annotated memorandum to James Lieberman, Director, Office of Enforcement from L.J. Callan, Regional Administrator,

Subject:

Recommended Revisions to Previously issued NOVs -(IA Nos.95-046 & 95-047 / EA Nos.95-110 and 95-164)- Fort St. Vrain Nuclear Generating Station (21 pages) EX. 5 l

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Haligman and Lottner r-0WmREQUEST A Professional Corporation CaseNo: 96 - N N Attorneys at Law Date Rec'd: # -45 dd  ;

Action Off: no/ '

g "*g*n & Nam OClober 15, 1996 Related Case

• Z'd$or.oo o sozo2-asas Director gg,'y3$2aroo Division of Freedom of Information and Publications Services Office of Administration l

$"DD'"'" n U.S. Nuclear Regulatory Commission  !

R$*fdf*" Washington, D.C. 20555 NNYN.5"" l gna ty g uH Re: Freedom of Information Act Request OLit cun Todo To the D.irector:

sY$$.Y.t E f o.t*"u $y Pursuant to the Freedom ofInformation Act and Federal Regulations, we

$%i u #1"Y request copies of the following records:

I N .Y. s Nn. omen g*s*%" 1. All files, records, correspondence, documents, exhibits, transcripts, witness statements, witness interview transcripts or any other information relating to:

(a) Notice of Violation dated October 30,1995 addressed to  :

Scientific Ecology Group regarding NRC Inspection Report 50-267/94-03 and f I

Office of Investigations Reports 4-94-010 and 4-95-015.;

(b) NRC Inspection Report 50-267/94-03 (issued June 15, 1994); l l

(c) Office of Investigations Reports 4-94-010 and 4-95-015; (d) Notice Of Violation addressed to Kenneth 7alut dated October 30,1995, IA 95-046, NRC Investigation No. 4-94-010; and (e) Any other information relating to Case Nos. EA 95-185 and EA 95-164.

2. All files, records, documents, exhibits, correspondence, transcripts, witness statements, witness interview transcripts or any other information related to the Revised Notice of Violation sent to Scientific Ecology Group, Inc., EA 95-164, NRC Inspection Report 50-267/94-03 and Office ofInvestigations Report 4-94-010 and 4-95-015 dated April 2,1996.

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Attorneys at Law l Director Page 2 October 15,1996

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i 3. Letter from the NRC dated August 8,1995 to Scientific Ecology  !

, Group, Inc. (to the attention of Don Neely, Vice President, 628 Gallaher Road,  !

i Oak Ridge, Tennessee 37763).

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j. 4. Any communication between the NRC and Kenneth Zahrt and/or l his attorney regartling the Notice of Violation issued to Mr. Zahrt or appeal j i thereof.

! 4. All documents delivered to NRC by Kenneth Zahrt or his counsel

regarding the Notice of Violation IA 95-046, NRC Investigation No. 4-94-010, i or any appeal thereof.

Please forward copies of these records to Jeffrey A. Hyman, Esquire and

' Brenda M. Sauro, Esquire, Haligman and IAttner, P.C., 633 Seventeenth Street, Suite 2700, Denver, Colorado 80202.

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w If the amount of fees involved to process this request is in excess of l ,

$250.00, please contact Jeffrey A. Hyman or Brenda M. Sauro at (303) 292-1200. Any amount less than $250.00 is acceptable and we agree to pay such l amount when required. ,

a l Thank you for your cooperation.

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i Very truly yours, f HALIGMAN AND LOTTNER, F.C. l

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M BriinEM. Sauro  ;

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