ML20137K527
| ML20137K527 | |
| Person / Time | |
|---|---|
| Issue date: | 04/02/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Sauro B AFFILIATION NOT ASSIGNED |
| References | |
| FOIA-96-434 NUDOCS 9704070049 | |
| Download: ML20137K527 (5) | |
Text
U.S. NUCLE AR CE E ULATC R Y COMMISSION NRC FOIA v.EOVEST NUM E ed51 FOIA - 9 6/_.7 g.g
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hpD RESPONSE TC FREEDOM OF l W.L A ML INFORMATION ACT (FOIA) REQUEST DATE M 0 2 $n
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s DOCKEI NUMBE R(5) (t/ apphcohtej lREQUESTE
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Mk PART 1.-AGENCY RECORDS RELEASED OR NOT LOCATED (Seecheckedboxes) i No agency receds subject to the request have been located.
N ; 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 Appendix (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)
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are being made available for public inspection and copying i
O the NRC Publ:c Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FOIA number.
The nor1 proprietary version of the proposalis) that you agreed to accept in a telephone conversation with a member of my staff is now being made available
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for public inspection and copying at the NRC Pubhc Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOIA number.
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 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, f
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, Washington, DC.
Agency records subject to the request are enclosed.
t-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 N RC for fees totahng $
You will receive a refund from the NRC in the amount of $
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in eiew of NRC'+ response to this request, no further action is being taken on appeal letter dated PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certairi information in the requested records is being withheld f rom public disclosure pursuant to the exemptions described in and for the reasons stated in Part II, B, C, and D. Any released portions of the documents for which only part of the record is being withheld are being made availabic for public inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOIA nu,nber.
COMMENTS t
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-, DIRE C TO IVI'rf6N OF F EDOM INF RMATION AND PUBLfCAllONS SERVICES I
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D.t.rs RESPONSE TO FREEDOM OF INF3RMATION ACT (FOIA) REQUEST FOlf -f[ g/
APR 0 2 1937 (CONTlWUATliN)
PART 11.B-APPLICA8LE 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 Ezemption No.(s) and for the reason (s) given below pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of N RC regulations.
I, The withheld mformation is property classified pursuant to Executive Order. (Exemption 1)
- 2. The wethheld anformotion relates so6ely to the eternal personnel rules and procedures of NRC. (Exemption 2) l I
'l l3. The withheld 6nformation is specifically esempted from pubhc disclosure by statute indicated,(Exemption 3)
Esctions 141145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Date or Formedy Restncted Data (42 U.S.C. 21612165).
Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards informadon (42 U.S.C. 2167).
l l4. The withheld enformation as a trade secret or commercial or fmancsel information that is being withheld for the reason (s) 6ndicateo. (Exemption 4)
The informateon is considered to be confidential busmess (propnetary) mformation.
The enformation se considered to be propnetary information pursuant to 10 CFR 2.790tdH1).
The mformation was subenetted and recewed m confidence pursuant to 10 CFR 2.790(dH2) l l5. The wethhe6d information consests of eteragency or mtrangency records that are not available througn discovery during litigation (Ememption 6). Apphcable Privilege:
Dehberateve Process. Disclosure of p/edecisional mformation would tend to enhibit the open and frank enchange of #deas essential to the dehberatwo process.
Where records are withheld in theer entirety. INr f acts are oneutncably intertwined with the predecisional mformation There also are no reasonably segregable f actual portions because the release of the f acts would permit an endirect mouiry mto the predecisional process of the agency Attorney work product Drivilege (Documents prepared by an attorney in contemplation of Istigation i Attorney-chent privilege (Confidential communications between an attomey and his/her chent.)
- 6. The withheld 6nformation is esempted from pubhc disclosure because ris disciosure would resuit in a clearly unwarranted mvasion of personal privacy (Exemption 6)
- 7. The withhe6d information consists of records compiled for law enforcement purposes and is bemq withheld for the reason (s) mdscated. (Exernption 7)
Dreciosure could reasonably be expected to enterfere with an enforcement proceedmg because at 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. (Ememption 1 ( A))
Osaclosure would constitute an unwarranted mvasw of personal privacy. (Exemption 7(C))
The mfoemation consists of names of mdividuals and other information the d.sclosure of which could reasonably be enoected to revest identities of confidential sources. (Exemption 7 (D))
UIHL Ft l
PART 11. C-DEWM OFFICIALS Pursuant to 10 CF R 9 25tb) and/or 9 25(c) of he U.S. Nuclear Regulatory Cor.imission retplatnns, it has been determmed that the information withheld is exempt from pro.
t duction or disclosure. and that 6ts production or disclosure is contrary to the pubhc mterest. The persons responsible for the denial are those officials identified below as denymg efficials ar d the Director, Division of Freedom of information and Pubhcations Services. Office of Administration, for any denials that may be appea;ed to the Executive Director for Oper:tions (EDOL l
DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL YClP:,cah 8&wS, [
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b PART 11. D-APPEAL RIGHTS The damal by each denying officiel identified in Part ll.C may be appeeled to the Appellate Official identified there. Any such appeal must be made in wrtting within 30 days of receipt of this rseponse. Apposts must he patdressed. as appropriate, to the Executive Director for Operations, to the Secretary of the Commission, or to the inspector General, U.S. Nuclear Repelatory Cornmenton, Wauhmgton, DC 20665, and should cteerly state on the envelope and in the letter that 6t is en ** Appeal from an Imtial FOI A Decision."
NRC F09tM 444 (Port 2) (191)
U.S. NUCLEAR REGULATORY COMMISSK)N l
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Re: FOIA-96-434 l
I APPENDIX 1 RECORDS BEING RELEASED IN THEIR ENTIRETY lEL DATE DESCRIPTION /(P. AGE COUNT) e 1.
Various Handwritten and typwritten investigator's Notes (29 pages) i t
2.
Various HP S/G Log Book (30 pages) 3.
1992 Survey Log (1 page) 1 4.
Various Radiation Survey Form (14 pages) 5.
11/05/93 Radiological Occurrence Report (10 pages) 5 6.
11/29/93 SEG internal Memorandum to R. Sexton from G. Rood,
Subject:
l Radiological Occurrence Report #93-044 (8 pages) l 7.
Undated Corrective Actions and notes (5 pages) 8.
03/28/94 Letter to Mr. C. Calton from M.E. Niehoff, M. J. Fisher & D. W.
Warenbourg,
Subject:
PSC's Decision to Stop Work, with attachments (18 pages) 9.
04/06/94 Letter to M. E. Niehoff from H. W. Arrowsmith
Subject:
SEG i
Management Commitment to Fort St. Vrain (6 pages) 10.
04/07/94 Letter to H, Carson Calton from M. E. Niehoff,
Subject:
Request 1
to Perform Startup Activities (2 pages) 11.
Undated Current NRC, PSC, WT Activities (15 pages) 12.
04/11/94 Letter to M. E. Niehoff from H. C. Calton,
Subject:
Stop Work Recovery Actions, with attachments (35 pages) 13.
04/12/94 Letter to C. Calton from M. E. Niehoff,
Subject:
Return to Work j
Authorization (1 page) 14.
04/14/94 Form Compliant of Individual,
Subject:
Complaint against individual for Harassment (1 page) 15.
08/04/94 Fort St. Vrain Decommissioning Project /NRC Region IV Meeting (86 pages) 3 16.
08/10/94 PS Inter-office Memo to Mary Fisher /Ted Borot, from Steve Sherrow, Subject FSV Work Environment (1 page) 1
Re: FOIA-96-434 APPENDIX 1 (continued)
RECORDS BEING RELEASED IN THEIR ENTIRETY HQ.
DATE DESCRIPTION /fPAGE COUNT) 17.
08/17/94 Memorandum to Case File (2 pages) 1 18.
02/16-23/95 Audit Report by COC for PSC of Colorado with attachments (37 pages) 4-19.
03/22/95 Letter to M. J. Fisher from M. M. Malone,
Subject:
Report of Independent counselinvestigation Concerning issues of the Fort St. Vrain Nuclear Generating Station Decomissioning Project (2 pages) 20.
03/27/95 Letter to E. L. Williamson from M. J. Fisher,
Subject:
Report of Indepenedent counsel Investigation Concerning issus of the Fort St. Vrain Nuclear Generating Station Decommissioning Project (2 pages) j l
21.
03/28/95 Fascimile to J. Armenta from S. Chesnutt,. Copy of Direction to FSV (1 page) 22.
Undated Typewritten list of concerns, identity of writter unknown (3 pages) 23.
04/26/93 Letter to A. Clegg Crawford from Clayton L. Pittiglio,
Subject:
Issuance of Exemption fromthe Requirements of Revised 10 CFR Part 20 for the Fort St. Vrain Power Station, with attachment (3 Pages) 24.
03/28/94 PNO-IV-94-012,
Subject:
Falsified Radiation Survey Records (1 Page) 25.
06/15/94 Letter to A. Clegg Crawford from Samuel J. Collins,
Subject:
NRC Inspection Report 50-267/94-03; 72-009/94-03, with attachment (13 pages) 4
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Re: FOIA-96-434 i
APPENDIX J RECORDS BEING WITHHELD IN PART lEL-DATE DESCRIPTIONMPAGE COUNT)/EXEMPTIONE j
i 1.
08/15/94 Memorandum to Case File regardir.g telephone conversation between individual and J. Armenta, Jr. (1 page) EX.7C t
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Haligman andLLottner r-OWmREQUEST 94 - N Y m
' A Professional Corporation Case No:.
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- Attomeys at Law Date Rec'd:
/*~# 8 4 Actim,0ft
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. October 15, 1996 ReWd Case sug,2,ymcoior doson.asas g,
Director l
J@&2eam D vision of Freedom of Information and Publications Services Office of Administration IffnYb"n$"*"
U.S. Nuclear Regulatory Commission A"Idgn"*"
. Washington, D.C. 20555 1
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Re:
Freedom of Information Act Request DI."E cunTodd To the Director:
Janet E. Perletoln i Steen 8. Epsm,n.
M[oDy Pursuant to the Freedom ofInformation Act and Fedeml Regulations, we j
i#e*ngu M request copics of the following records:
EsI/m*"n' LH*i7
' 1.
All files, records, correspondence, documents, exhibits, transcripts, i
witness statements, witness interview transcripts or any ott r information relating to:
\\
t (a)
Notice of Violation dated October 30,1995 addressed to Scientific Ecology Group regarding NRC Inspection Report 50-267/94-03 and
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Office of Investigations Reports 4-94-010 and 4-95-015.;
(b),
NRC Inspection Report 50-267/94-03 (issued June 15, 1994);
(c)
Office of Investigations Reports 4-94-010 and 4-95-015; J
(d)
Notice Of Violation addressed to Kenneth Zahrt dated l
October 30,1995, IA 95-046, NRC Investigation No. 4-94-010; and (c)
Any other information relating to Case Nos. EA 95-185 and EA 95-164.
4 2.
All files, records, documents, exhibits, correspondence, transcripts, i
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 4-1 94-010 and 4-95-015 dated April 2,1996, j
4 93467,l/23340.lMBWI Web 3 g < 6 M P' me
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1, Haligman and Lottner l
A Professional Corporation -
Attorneys at Law i
Director?
Page 2 7
October 15, 1996' J
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3.
Ietter from the NRC dated August 8,1995 to Scientific Ecology
- Group, Inc. (to the attention of Don Neely, Vice President, 628 Gallaher Road,-
Oak Ridge, Tennessee 37763).
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4.'
Any communication between the NRC and Kenneth Zahrt and/or-J
,,his attorney regarding the Notice of Violation issued to Mr. Zahrt or appeal thereof.
5.
All documents delivered to NRC by Kenneth Zahrt or his counsel j
regarding the Notice of Violation IA 95-046, NRC Investigation No. 4-94-010, e
or any appeal thereof.
]
Please forward copies of these records to Jeffrey A. Hyman, Esquire and i
Brenda M. Sauro, Esquire, Haligman and Lottner, P.C.,633 Seventeenth Street, j
i.
Suite 2700, Denver, Colorado 80202.
If the amount of fees involved to process this request is in excess of
$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 amount when required.
1 i
1 Thank you for your cooperation.
Very tnlly yours, HALIGMAN AND LO'ITNER, F.C.
n By / r A) /l( k
/(s N BiiiniM. Sauro BMS:cg
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