ML20151W402

Fourth Partial Response to FOIA Request for Documents.App H Documents Encl & Available in PDR

ML20151W402
Person / Time
Site:	Waterford
Issue date:	08/03/1988
From:	Grimsley D NRC
To:	Boley K Public Citizen's Critical Mass Energy Project
Shared Package
ML20151W406	List: ML20151W402 ML20151W412
References
FOIA-88-25 NUDOCS 8808240088
Download: ML20151W402 (4)

Text

U.S. NUCLEAR REGULATORY COMMISSION N*c soia tiousst %uuasxis, g'"%3.c .

Fo i A - 54,P a t ~~

,n&,r.5 E

D  ! RESPONSE TO FREEDOM OF l "* M "" N TH

\, .v[/

• e..*

INFORMATION ACT (FOIA) REQUEST Ayn 3 1988

• Cur ~w.o si or . 4, TEOutSTfa[-

o L. G Q . '

. E N N E T ff

// ~ PART 1.-RECORDS RELEASED OR NOT LOCATED ISee checaed bonest No agency records subrect to the request have been located.

No addrtioral agency records subsect to the request have been located.

Agency records subrect to the request that are identded in Appendia are already avadable for pubhc irspecten and copymg m the NRC Public Docur nert moom, 1717 H Street, N W., Washmgton, DC Agency roccrds subr e ct to the request that are aderitsfed e Appendix - are beeg made avadable for public mspecton and copymg at the NRC Public Dccument j

Roorn,1717 H Street, N W., Washegton, DC, in a foeder under the FotA number and requester name The nonpropretarv verson of the proposal (s) that you agreed to accept in a telephone conversaten mth a rnember of my sta'f a now bemg made avalable for pubhc racecten and coymg at the NRC Pubhc Occurment Room,1717 H Street, N W , Washington, DC , m a folder under th.s FOIA number and requester name Enclosed e eformation on how you may obtae access to and the charges for copyeg records placed m the NRC Pubhc Document Room.1717 H Street, N W., Washingen DC.

Agency records subrect to the request are enclosed Any applicab6e charge for Lopes of the records provxsed and payment procedures are noted in the comments secte:r Records subsect to the request have been re'e' red to another Fede al agencybest for reven and detect response to you.

In vow of NRC's response to the request, no further acton a beeg taken on appeal lener dated PART 11 A-INFORM ATION WITHHELD FROM PUBLIC DISCLOSURE Certam informaton in the requested records e teing mthhe nd from pubbe declosure pursuant to the FOIA eiernations described in and for the reasons stated in Part it. sec-tons B, C, and D. Any released portsoes of the documents for absch onh part of the record e being mthheld are being made avadatAe for pubhc inspecten and copyrg m the NRC Pubhc Document Room,1717 H Street, N W , Washegton, DC. m a fonder under the FOIA number and requester nam.

Comments i

)

i I

i l

l l

8808240088 880803 PDR FOIA POLEY88-25 PDR StG E 0-stCion. Dev5 Cs av a%op(Comps

/.

N:;C FORM 464 Pa" o 9 rs

FRErDOM OF INFORMATION ACT RESPONSE FOIA NUMBEMSI.

P ART 118- APPLICABLE FOf A EXEMPT 11NS 4Q5 oA1E Aus a ess Records subject to the request that are described in the enclosed Appendices _ are being withheld in their entirety or in part under FOlA Exemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.Sta) of NRC Regulations.

1. The withheld informaton e property Classded pursuarrt to Eneautrve Order 12356 (EXEMPTION 1)

2. The wthheid informaton relates soiety to the intemal personned rules and procedures of NRC. IEXEMPTION 21

3. The wthbe6d information is spec 4any esempted from public declosure t v statute indicated. (EXEMPTION 3)

Secten 141145 of the Atomic Energy Act which prohibits the dsclosure of Restr+;ted Data or Formody Restncted Data 142 U S C. 216121651.

Section 147 of the Atomic Energy Act which prohents the declosure of Unclass< fed Sateguards informaton 442 U S C. 2167).

4. The wthheed information is a trade secret or commercel or fmancial information that is beir$g ethheld for the easorWsl mdcated: (EXEMPTION di The informaton is considered to be codidentel buseress (propretaryl mformaton i The informaton is Considered to be propretary eformaton pursuant to 10 CFR 2.790(dill).

The mformation was sutmtted and recerved in confidence from a foregn source pursuant to to CFR 2.790id42).

5 The wthheld informatori consists of interagency or intraegency records that are not avadable through d:scovery durmg litgation. Osclosure of predecoonal informe.on would tend to inhetnt the open end frarA enchange of ideas assential to the delberat ve process. Where records are wtFhead an their entirety, the facts are centncacer mtertwred wrth the predecmonal mformaten. There also are no reasonabiv segregable frctual portons because the reiease of the facts would permet an mderect moary mto the predeceenal process of the egency. IEXEMPT60N b

6. The wthhead informaton is esempted from public doctosure because its deciosure would result in a cleady unwerranted invmon of personal pnvecy. (EXEMPTIO*u 6

7. The withhew informaton conse s of mvestgatory records compaed for law enforcement purposes and is beeg weeld for the reason (si criscated (EXEMPTION 7, Deciosure would eteriore uth an enforcement proceedeg because et cou6d reveal the scope, duecten, and focus of enforcement efforts. and thus could poss.biy amow them to take acton to sheid potentel wrongdoeg or a volation of NRC requirements froen mvestgators. (EXEMPTION 7t All Declosure would constitute an un*erranted swason of personal privacy (EXEMPTION 71Cl)

The informaton consets of aemos of mdrodvais aruf other informaton the d sclosure of whe:h would reveal identrties of ccefsdotal sources. (EXEMPTION 710n PART 18 C-DENYING OFFICIALS Fursaant to 10 CFR 9 9 and 'or 915 of the V S. Nucteer Regulatory Commisson regulatons, n has teen determined tt at the eformation withheid is enemot fityn producten or doubsu re, and that ets prodvation or declosure is contrary to ese publec sworest. The persons responsible for the domei are those officeis identifed below as denyeg officials and the Drector.

Drumson of Rules aN$ Records. Office of Admestrotze, foe a iy den ses that may be appeaied to the Enecutive Director for Operaisons itoo)

DENYING OFFICIAL TIT LE /OF F AC E l RECOROS DENICO APPELLATE OFFICIAL 0

h -

Aldna b yhhAftkU,Y 5 .

(

PART 11 D- APPEAL RIGHTS The denial by each denying official Wentthed in Part II.C may be appeated to the Appellate Official identred in that section. Any such appeal must te in wrdeg and must be made within 30 days of receipt of this response. Appea!s must be addressed as appropriate to the Executive Oirector for Operations or to i the Secretary of the Corrunwon, U.S. Nuclear Regutatory Commission. Washington, DC 20565, and should clearfy state on the envelope and in the letter that it is an " Appeal from an initici FO(A Decison.

Ce posu es4 ireo U.S. NUCLEAR REGULATORY COMMISSION

.S

• FOlA RESPONSE CONTINUATION

APPENDIX H FOIA 88-25 (Fourth Partial)

Release

1. 9/27/84 Allegation Data Form, Docket 05000382, Waterford-3 (1 page)

2. 9/30/86 Allegation computerized form. 05000382, Waterford 3, re' drugs (1 page)

3. 9/30/86 Allegation Review form, Waterford 3, subject:

Alleged cover up of drugs (1 page) ,

4. 05/13/83 Conversation Record from J. Kelly, subject: Employee  ;

Allegation about Marijuania Usage by Another Employee '

(1 page)

5. 07/08/83 Memo to Glen Madsen thru W. A. Crossman from G. L. Constable, subject: LP&L Investigation Into Drug Use Allegation (2 pages) l l

l I

l 1

l l

l l

l

. i l

APPENDIX I FOIA 88-25 (Fourth Partial)

Withhold in' Entirety 6)tfrnfTsov $

1. 8/19/86 Memorandum, Robert D. Martin, RIV, to James M. Taylor. OIE, subject: Waterford-3 -

Steam Electric Station: Suspected Material ..

False Statements By LP&L Management Personnel.

(2 pages) attachment Chronology (2 Pages)

2. Undated Letter to J. M. Cain from Robert D. Martin re Suspected False Statements (l page) DRR f'T

) . * ,

~

PUBLIC CITIZEN Buyers Up a Consress Watch a Cntical Mass a Health Research Group a latisation Group o Tax Group January 7, 1988 Don Grimsley, Director Division of Rules and Records Nuclear Regulatory Commission FRr'IDOM OF INFORMAT10M MNBB 4210 ACT REQUEST Washington, DC 20555

[Q p.g Attn: Freedom of Information Act Request g,

Dear Sir:

Pursuant to the federal Freedom of Information Act, as amended, 5 U.S.C. S 552, Public Citizen's Critical Mass Energy Project hereby requests copies of any and all records that provide

1) Accounts of incidents involving licensed reactor operators and senior reactor operators in violation or possible violation of Fitness for Duty guidelines. This includes, but is not limited to, any and all Licensee Event Reports and Preliminary Notices of Occurrence or of Safeguards about incidents of a licensed operator having used drugs or having been under the influence of alcohol while on duty.

2) Information about the steps taken by the U.S. Nuclear Regulatory Commission or its licensees with regard to the licensed operat'ars mentioned by Mr. J. Partlow of the Office of Nuclear Reactor Regulations at the "Briefing on Status of Implementation of Fitnons for Duty Program" held in Washington, D.C. on Tuesday, December 1, 1987, as recorded by Marilynn M. Nations of Ann Riley 5. Associates, Ltd. Or. page 72 of the briefing transcript, Mr. Partlow mentioned these licensed operators as being involved in the only five cases of licensed operators being involved "in some sort of Fitness for Duty matter." This request includes, but is not limited to, records containing information about the present status of their licenses and the nature of their Fitness for Duty involvement. This request does not seek any information about any specific individual or records otherwise covered by Exemptions 6 or 7 of the Freedom of Information Act.

This request pertains to all records in the possession of the U.S.

Nuclear Regulatory Commission, its contractors or licensees. In this request, "record" includes, but is not limited to, databases which contain the requested information or any other memoranda, reports, studies, reviews, letters, computer memories and printouts, audio and video tapes, movies and other forms of coninunication, in the possession of any individual or office in the U.S. Nuclear Regulatory Commission, whether generated by the U.S. Nuclear Regulatory Commission, its contractors, or any other source.

m - M Pent Inrao Ave . SE D Washirston. DC 20003 0 002) 546-4996 1-g . .

i Public Citizen's Critical Mass Energy Project is a nationally known non-profit public interest organization founded in 1974. We will use these documents in a study we are presently researching and plan to issue on the adequacy of training programs presently in place for nuclear power plant workers. We plan to broadly disseminate the information contained therein to the press and the general public.

Our past publications have attracted attention in the local, national and trade media. Thousands of copies of the reports have been sold or distributed to members of the public, industry, and citizen groups. Since furnishing these documents "will significantly contribute to public understanding of government opinions or activities" we request a complete waiver of any processing or duplicating costs you might incur in providing these records to us. If you rule otherwise, please notify us before filling ti.e request.

Nothing in this request should be considered a request for the private records of any specific individual. Hence, no provisions of the Privacy Act should be deemed applicable.

If all or any parts of this request are denied, please cite the specific exemptions on which you rely in refusing to release the documents.

Further, since the Freedom of Information Act provides that the remainder of a file must be released if only portions are exempt from  ;

disclosure, we request that we be provided with all non-exempt portions which are reasonably segregable. Of cource, we reserve our right to ,

appeal the withholding or deletion of any information.

As provided in the Freedom of Information Act, we will expect to receive the regrested records or a final determination within ten working days. If your office is unable to fully respond to this request in that 3 time, send us a written estimate of when the request will be completed. j If you have any questions about this request, please telephone me at 202-546-4996.

Thank you for your attention to this request.

Sincerely, ,

whh ,

K ne h Bo ey Nuclear S fety Policy Analyst Critical Mass Energy Project of Public Citizen

_ _ _