ML20154P046

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Requests That Copies of Tapes &/Or Transcripts of Commission Discussions on Applegate FOIA Matter & Any Documentation Re Subj Be Provided.Reasons for Requesting Documentation Listed
ML20154P046
Person / Time
Issue date: 12/20/1983
From: Jamarl Cummings
NRC OFFICE OF INSPECTOR & AUDITOR (OIA)
To: Palladino
NRC COMMISSION (OCM)
Shared Package
ML20081D710 List:
References
FOIA-84-61 NUDOCS 8809300099
Download: ML20154P046 (2)


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k c UNITED STATES NUCLEAR REGULATORY COMMISSION

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  • u - 20, 1983

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I Note to Chaimari Palladino After careful reflection I have decided to go ahead with my' July,5,1983, 1 request for Comission records. .

iou will recall that at our meeting in your office on July l3,1983, you told l me you sensed tliat some Comissioners were concerned /uneasyithat my overall l job performance might somehow be affected because of the sharp disagree-ment / argument which had taken place between myself and these Comissioners in  ;

regard to the Applegate FOIA matter. I told you I would not allow that to l

. happen and that while I was still extremely distressed by the Comission's  :

actions I nonetheless would continue to do my tery best in managing the l activities of OIA. I asked you at that time if you thought it would be i helpful if I sent a latter to the Comission which suspended my July 5,1983, request. for Comission records and reassured the Comission of my intent to continue to provide the Comission with my very best efforts in directing OIA activities. You told me that although you could not be sure, such a letter

- might help get matters back to normal. I told you I would imediately write such a letter but that I needed more time, perhaps .a .few months, before I would finally decide. on whether to go. ahead with my request fo'r Comission records and thereafter an appeal of the Comission's action against me.

On July 15, 1983, I sent the above-described letter &nd no objection was~

raised by. the Conr.lission.

Additionally, if the June 29, 1983, memoraadum o ' f admonition or its subject matter was in any way discussed by Comissiot.ers subsequent to June 29, 1983, I request that I be provided with copies of any tapes and/or transcripts of any such ~ discussions along with any othec documentation in the form of any notes, drafts, memoranda and so forth that were prepared on this subject by individual Comissioners, their staffs, members of the Office of the General Counsel, the Office of the Execu'tive 1.egal Director or the Division of *

, Organization and Personnel.

I believe I am entitled to all of the documentation which I have requested for several reasons. First, the Comission has already voted - June 29, 1983 - to release this documentation to me. Second, in any disciplinary action the employee har the right to examine the evidence upon which the action was based. Third, from a policy viewpoint employees of the Comission should have

. access to all documentation wherein they are mentioned or discussed, particularly if derogatory or adverse coments are made. Fourth, provisions of the Privacy Act entitle me to any infonnation,about me which is contained in any agency system of records.

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, Omiman P=11=A% 2 Decenbar 20, 1983 Within 10 days after receisst of all of the requested docaentation I will ihfom you of g final decision as to an appeal. 1 Your prompt attention to this r'equest would be greatly appreciated. .

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J nes J. Cumi 1gs, Director 0 fice of gector and Auditor .

cc: Comissioner Gilinsky Comissicner Roberts .

Comissioner Asselstine Comissioner Bernthal /

H. Plaine, OGC G. Cunningham, ELD P. Bird, O&P A

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