ML20138L350

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Second Partial Response to FOIA Request Re Enforcement Action EA-84-93.Documents in Apps D & E Available in Pdr. App F Records Withheld (Ref FOIA Exemption 2).App G Records Withheld (Ref FOIA Exemptions 5 & 7)
ML20138L350
Person / Time
Site: Catawba, Midland, 05000000
Issue date: 12/10/1985
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Carr A
DUKE POWER CO.
Shared Package
ML20138L353 List:
References
FOIA-85-584 NUDOCS 8512190239
Download: ML20138L350 (7)
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UNITED STATES

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DEC 10 SR5 Docket No. 50-413/50-414 Mr. Albert V. Carr, Jr.

Duke Power Company Legal Department P.O. Box 33189 Charlotte, NC 28242 IN RESP 0tlSE REFER TO F01A-85-584

Dear Mr. Carr:

This is the second partial response to your letter dated August 19, 1985, in of all records related to and underlying Enforcement Action No regarding the Catawba nuclear station.

The documents listed on the enclosed Appendix D are already available for public inspection and copying in the NRC Public Document Room The(PDR).

file location is noted next to the description of each document. Additional records FOIA previous related to your request have been identified in NRC's response to a request.

FOIA-83-253 under the names of Phillips and Garde.This response is maintained in those records by referring to the above F0IA folder.You nay obtain copies of Washington, the following address: DC, and at the NRC Local Public Document York County Library 138 East Black Street Pock Hill, SC 29730 Ms. Mary Mallaney Assistant Reference Librarian Telephone: (803) 324-3055 The records listed on the enclosed Appendix F are being withheld in their U.S.C. 552(b)(2)) and 10 CFR 9.5(a)(2) of theThese .

Commission's r records relate to trivial administrative matters of no genuine public interest .

The entirety. docunents listed on the enclosed Appendix G are being withheld in their descriptions on the appendix.The applicable F0IA exemptions are noted next to the docu consists of predecisional information which constitutes advice, opinions a recommendations of the staff.

Disclosure would inhibit the frank and candid exchange public of communications in future deliberations and thus would not be in the interest.

This predecisional information is being withheld Commission's regulations. Exemption (5) of the F0IA (5 U.S.C. of the 552(b)(5)) and 10 C There are no reasonably segregable factual portians.

0512190239 851210 PDR FOIA CARR85-534 PDR

Information withheld pursuant to Exemption (7)(A) consists of investigatory records compiled for law enforcement purposes, the release of which would interfere with an ongoing enforcement proceeding. This information is being withheld from public disclosure pursuant to Exemption (7)(A) of the FOIA (5 U.S.C. 552(b)(7)(A)) and 10 CFR 9.5(a)(7)(i) of the Commission's regulations.

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 this denial is Mr. John C. Hoyle, Assistant Secretary of the Commission.

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 writng, 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."

The staff is continuing to search for and review records subject to your F0IA request. We will notify you as soon as possible with regard to the remaining records.

Sincerely,

&py / // .lb n Donnie H. Grimsley, Director Division of Rules and Records Office of Administration

Enclosures:

As stated

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~(Second Response)'

APPENDIX D -

00CtMENTS IN PDR

1. 10/28/83 Ltr from Garde to Dircks, Accession No. 8507270174 (3 pages)
2. 11/23/83Ltr from Dircks to Garde, Accession No. 8312120171 (1 page)
3. 01/26/84 Ltr from Government Accountability Pro.iect to Chairman and

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Commissioners, Accession No. 8401310287 (7 pages) i i

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l 6: F0lA .85-584 (Second Pesponse)

APPENDIX E DOCUMENTS BEltIG PLACED IN PDR AND LPDR

1. 02/08/84 Ltr from Garde to DeYoung (1 page)
2. 02/15/84 Note to File, re: 1/20/84 meeting with Billie Garde (Attendees:

DeYoung, Taylor, Axelrad, Burns) (4 pages)

3. 05/30/84 Note to George Johnson, OELD (1 page)
4. 10/29/84 Routing Slip to George Johnson from Steve Burns (1 page)
5. 08/07/85 Note to Ed from Burns (1 page)

Re: 'F0$A-85-584 (Second Response)

APPENDIX F RECORDS DENIED IN ENTIRETY EXEMPTION (?)

1. 07/01/85 Memo from L. Zech to S. J. Chilk, "SECY-85-226 -- 00-85-9; Review of Director Decision in the Matter of Duke Power Comoanv." (1 pace)
2. 07/03/85 Memo from S. J..Chilk to Commissioners, "SECY-85-276 -- DD-85-9; Review of Director's Decision in the Matter of Duke Power Company," (1 page)

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Rei FOIA-85-584 (Second Response)

APPENDIX R RECORDS DENIED IN E'NTIRETY WITHHOLDING EXEMPTION

1. 03/06/85 Memo from Chilk to Dircks and Plaine, (5) subject: SECY-85 Brown and Root, Inc.
v. Donovan, Scope of Employee Whistleblower Protection.Under Section 2.10 of Energy Reorganization Act of 1974 (1 page - Ex. 5) w/ attachment: a. 1/28/85 - SECY 85-33 (10 pages) Ex. 5
2. 07/09/85 Vote Sheet of L. Zech on SECY-85-226, (5) s "00-85-9; Review of Director's Decision in the Matter of Duke Power Company",

(2 pages)

3. 07/11/85 Note from S. Schinki to F. Bernthal, (5)

"SECY-85-226", (1 pagei

4. 07/13/85 Vote Sheet of T. Roberts on SECY-85-226, (5)

"D0-85-9; Review of Director's Decision in the Matter of Duke Power Company",

(1 page)

5. 07/18/85 Vote Sheet of F. Bernthal on SE'CY-85-226, (5)

"00-85-9; Review of Director's Decision in the Matter of Duke Power Company",

(? pages)

6. 07/26/85 Briefing Note from C. W. Reamer to (5)

N.J. Palladino regarding SECY-85-226 with handwritten comments (? pages)

7. 07/28/85 Response Sheet of N.J. Palladino (5) on SECY-85-226,'"DD-85-9; Review of Director's Decision in the Matter of Duke Power Company" (1 page)
8. 07/30/85 Memo from S.J. Chilk to Commission, (5)

" Staff Requirements Memorandum",

with attached undated draft memo from S.J. Chilk to H.H.E. Plaine, "SECY-85-226, 00-85-9; Review of Director's Decision in the Matter of Duke Power Company", (7 pages)

(Draft memo attaches vote sheets of F. Bernthal, T. Roberts, and L. Zechi

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APPENDIX G  !

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(Continued)  !

WITHHOLDING EXEMPTION l i

9. 08/05/85 Memo from Chilk to Plaine, subject: (7)(A) -

SECY-85-226 85-9: Review of f I Director's Decision'in the Matter  !

of Duke Power Company (1 page) ,

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I' 10. Undated Handwritten notes from C.W. Reamer to. (5) l 4

N.J. Palladino'on.07/30/85 memo

- from Chilk to Comission, " Staff  !

Requirements Memorandum", with Attached i undated draft memo from S 1. Chilk to 7 l H.H.E. Plaine, "SECY-85-226, 00-85-9; L Review of Director's Decision in the Matter of Duke Power Company", t

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August 19, 1985 EMIC ' I..E" '" FRET 00W OF WFONMADON ACT REQUEST J. M. Felton, Director f0.TA -/3-SAf Division of Rules and Records Office of Administration jg h bd'N-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 5552) and the NRC's implementing regulations thereunder (10 CFR $9.3 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 the 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 request includes, bgt is not limited to, all documents reflecting, underlying, or otherwise relevant to:

1. Any r.ommunications 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 the Catawba Nuclear Station.

2. The June 4, 1985 Director's Decision (DD-85-9), including alternativa drafts or proposals, and including all documents reflecting any independe fact-finding investigation conducted by NRC in connection with the enforcement action or concerning Mr. Ross.
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 $5851 and/or 10 CFR 550.7. This i request also extends to any documents reflecting deliberations whether the l emm

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~J. M. Feltoh,. 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 assigned 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, h I would appreciate your prompt response to this request within the ten working day period provided in 10 CFR 59.9. 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 tFe 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 Jane A. Axelrad l

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