ML20155J740

Further Response to FOIA Request for Records Re Allegations by Rd Parks & 850812 Notice of Violation & Proposed Civil Penalty.Forwards Document on App J.Records Listed on App K Withheld (Ref FOIA Exemption 5)

ML20155J740
Person / Time
Site:	Three Mile Island
Issue date:	05/21/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Zuras B HOBERG, FINGER, BROWN, COX & MOLLIGAN
Shared Package
ML20151K760	List: ML20151K756 ML20155J740
References
FOIA-85-700 NUDOCS 8605270184
Download: ML20155J740 (3)

Text

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ur Pa k o/6 e . oq% UNITED STATES 8  % NUCLEAR REGULATORY COMMISSION

.g g WASHINGTON, D. C. 20555

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Barbara A. Zuras, Esquire Haberg, Finger, Brown, Cox & Molligan' MAY 21 W Central Tower 703 Market Street IN RESPONSE REFER San Francisco, CA 94103 TO F01A-85-700

Dear Ms. Zuras:

This is in further response to your letter dated October 8, 1985, in which you requested, pursuant to the Freedom of Information Act (FOIA), documents concerning the investigation performed by the Office of Investigations into charges of discrimination and/or harassment made by Richard D. Parks, and the notice of violation and proposed imposition of civil penalty dated August 12, 1985.

The document listed on the enclosed Appendix J is being placed in the NRC Public Document Room (PDR),1717 H Street, NW, Washington, DC 20555.

The documents listed on the enclosed Appendix K are being withheld from public l disclosure pursuant to Exemption (5) of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Comission's regulations. The documents are drafts which contain advice, opinions, and recommendations. Release of this information would tend to inhibit the frank and candid exchange of ideas essential to the deliberative process. There are no reasonably segregable factual portions.

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Pursuant to 10 CFR 9.9 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 persons responsible for this denial are the undersigned and Mr. James M. Taylor, Director, Office of Inspection and Enforcement.

The denial may be appealed to the Commission's Executive Director for Operations within 30 days from the receipt of this letter. As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision."

The review of additional documents subject to your request is continuing. As soon as the review is completed, we will notify you.

Sincerely, M

f g52g M 521 Donnie H. Grimsley, Director ZURAS85-700 PDR Division of Rules and Records Office of Administration

Enclosures:

As stated

Re:F01A-85-700 APPENDIX J

1. 03/21/85 Memo to H. Denton from R. Capra re: Telephone conversation with Mr. Phil Clark (GPU) regarding his March 12, 1985,_ letter concerning Mr. Kanga (1 page).

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• Re: F01A-85-700 APPENDIX K

1. Undated Draft Civil Penalty Package, Rev. 4 (15 pages)

2. 12/28/84 Draft Commission Paper (15 pages)

3. 12/28/84 Draft Civil Penalty Package, Rev. 2 (16 pages)

4. 08/07/85 Draft Civil Penalty Package, Rev.13 (8 pages)

5. 09/19/85 Draft GPU letter 3, (2 pages)

HOBERG, FINGER, DROWN, COX & MOLLIGAN

• A PROFESSIONAL CORPORATION CENTRAL TOWER 703 MARMCT STRfCT IHOCM AR C. HOSCO3 (1903 1971) SAN FRANCISCO 94103 LAW OFFICES JOHN N. FINGER PHILUP E. BROWN (415)S43 9464 PETER N. MOLUGAN gast mAv guttnenest scoes STEPHENT. COA Casts Aoongss'INGMAR' RICH ARO C. RAIN ES s^acsac^o^" October 8, 1985 DAvlO W.MOYER ROS ROY MACKEY MICHAEL R. REYNOLOS SA RSARA A. EURAS flREEDOM OF I4 FORMAT 4DN ACT REQUESY Director Office of Administration ZA "[j,7dd Freedom of Information Act United States Nuclear Regulatory Commission __ _ h /d=/,[-((

Washington, DC 20555

Dear Sir or Madam:

We are the attorneys for Richard D. Parks. Pursuant to the Freedom of Information Act, I am requesting copies of any and all documents concerning the investigation performed by the NRC Office of Investigation (OI) into charges of discrimination and/or harassment made by Richard D. Parks. I am also requesting copies of any and all documents concerning the " notice of violation and proposed imposition of civil penalty" which was issued by the NRC on August 12, 1985. The e docket number for the investigation and imposition of civil penalty was 50-320. The respondents in that investigation were GPU Nuclear Corporation and Bechtel North American Power Corporation, license No. DPR-73.

I would appreciate being notified as to how I might assist you in your effort to provide copies of the requested documents. I would also appreciate being notified in advance as to the estimated cost involved in making copies of the requested documents.

Thank you for your attention and anticipated cooperation.

Sincerely, a

ARBAR '. ZURAS 1

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