ML20197G956

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Further Response to FOIA Request Re Rd Parks Charges & 850812 Notice of Violation & Proposed Imposition of Civil Penalty.App G & H Documents in Pdr.App I Documents Withheld (Ref FOIA Exemption 2,5 & 7)
ML20197G956
Person / Time
Site: Crane Constellation icon.png
Issue date: 05/01/1986
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Zuras B
HOBERG, FINGER, BROWN, COX & MOLLIGAN
Shared Package
ML20197G961 List:
References
FOIA-85-700 NUDOCS 8605190014
Download: ML20197G956 (6)


Text

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UNITED STATES y

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NUCLEAR REGULATORY COMMISSION y

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Barbara A. Zuras, Esquire Hoberg, Finger, Brown, Cox & Molligan Central Tower 703 Market Street IN RESPONSE REFER San Francisco, CA 94103 TO F0IA-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 (F0IA), 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 ' documents listed on the enclosed Appendix G are already available in the NRC Public Document Room (PDR), 1717 H Street, NW, Washington, DC 20555. The i

PDR accession number is identified beside each document description. The documents listed on the enclosed Appendix H are being placed in the PDR.

One of the issues in the TMI-1 restart proceeding was whether or not GPU discriminated against or harassed Richard D. Parks. Therefore, PDR docket file 50-289 may contain some information of interest to you. Also, there were two lawsuits, TMIA v. NRC, 3rd Cir. No. 85-3301 and Shumaker v. NRC, 3ra Cir.

M No. 85-3283, that may contain some information of interest to you.

The documents listed on the enclosed Appendix I are being withheld from public disclosure pursuant to the exemptions noted beside the document descriptions.

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Information withheld from public disclosure pursuant to Exemption (2) of the F0IA (5 U.S.C. 552(b)(2)) and 10 CFR 9.5(a)(2) of the Commission's regulations consists of matters related solely to the internal practices of the agency.

Information withheld from public disclosure pursuant to Exemption (5) of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Commission's regulations consists of drafts and other documents 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.

8605190014 860501 PDR FOIA ZURASBS-700 PDR

Ms. Zuras.Information withheld from public disclosure pursuant to Exemption (7)(A) of the F0IA (5 U.S.C. 552(b)(7)(A)) and 10 CFR 9.5(a)(7)(i) consists of information the release of which would interfere with an ongoing enforcement action.

Pursuant to 10 CFR 9.9 and 9.15 of the Comission'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 the denial of documents 1, 2, 3, 5, 7, 8, 16, 17, and 28 on Appendix I are the undersigned and Mr. James M. Taylor, Director, Office of Inspection and Enforcement. The persons responsible for the denial of documents 14 and 15 on Appendix I are the undersigned and Mr. Harold Denton, Director, Office of Nuclear Reactor Regulation. The person responsible for the denial of documents 4, 6, and 18 through 27 on Appendix I is Mr. John C. Hoyle, Assistant Secretary of the Comission. The person responsible for the denials of documents 9 through 13 on Appendix I is Mr. James A. Fitzgerald, Assistant General Counsel.

The denials by Messrs. Taylor, Denton, and myself may be appealed to the Executive Director for Operations within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Executive Dire'ctor 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 F0IA Decision." The denials by Messrs. Fitzgerald and Hoyle may be appealed within 30 days to the Secretary of the Comission and should be addressed to the Secretary of the Comission.

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

c Sincerel,

Do nie H. Grimsley, Director Division of Rules and Records Office of Administration

Enclosures:

As stated

Re: F01A-85-700 APPENDIX G 1.

06/08/84 Letter to F. Bernthal from R. Arnold Re: TMI-2 Allegations regarding discrimination for raising safety-related concerns (Accession No. 8406150156) 2.

08/20/85 Letter to A. Morris from N. Palladino Re: responding to his 7/22/85 letter (Accession No. 8508300279) i l

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Re: F0!A-85-700 APPENDIX H 1.

03/23/83 Letter to N. Palladino from T. Devine Re: Parks with attached affidavit and exhibit (59 pages) 2.

04/22/83 News Release Re: Site Operations Whistleblowers Fight Back (1 page) 3.

04/22/83 Prepared Statement of Richard D. Parks (3 pages) 4.

07/25/83 Release and Settlement Agreement (11 pages) 5.

11/16/83. TMI-2 Report - Management and Safety Allegations by Edwin Stier (Cover Sheet) w/ attachment E.H. Stier's Interview of Richard Parks (2 pages) 6.

11/16/83 TMI-2 Report - Management and Safety Allegations by Edwin Stier (15 pages) 7.

06/22/84 Note to Jim Lieberman from George Mulley Re: NRC Policy (1page) 8.

02/12/85 Newsclipping Re: TMI Critics Who Paid a Price (9 pages) 9.

04/22/85 Memo Slip to Gene from Phil Clarke Re: Arnold being a major participant in decision not to allow Parks on site (1 page)

10. 07/22/85 Letter to Nunzio Palladino from Arthur Morris Re: TMI-2 w/ enclosure ED0 Control Sheet from Arthur Morris to Palladino (3 pages)

Re: F01A-85-700 APPENDIX 1 Date Description Exemption (s) 1.

Undated Draft TMI Comission Paper, Enforcement 5

Conference, Rev. 2 (4 pages) 2.

Undated TMI Issues with Annotations (1 page) 5 3.

Undated TMI Issues (EA 84-137)(3pages) 5 4.

Undated Draft letter to P. Clark from J. Taylor 5

responding to his 9/9/85 letter (1 page) 5.

Various 18 separate drafts of civil penalty package 5

TMI, Rev. 2, 3, 4, 5, 6, 7, 8, 10, 12, 13 1

(266 pages) 6.

05/22/84 Memo to W. Dircks, et al. from S. Chilk Re: OIA 5

Investigation into Park's Allegations Re: TMI-2 (1 page) 7.

06/28/84 Memo to R. DeYoung from W. Haass Re: Review of 5

Investigative Reports-TMI-1 Restart (7 pages) 8.

10/03/84 Routing and Transmittal Slip to Jane from Holler 5 Re: Draft letter from OGC to Parks (1 page) 9.

12/18/84 SECY-84-475 "Whether Further Hearings are 5

Warranted in TMI-1 Restart Proceeding on Issues Other than Training and Dieckamp Mailgram"

10. Undated to SECY-84-475, Appendix - Analysis 5 of Individual Issues
11. bndated to SECY-84-475, Draft Order 5
12. Undated SECY-84-475A " Revised TMI-1 Order" 5

13.

1985 Drafts of order authorizing the restart of TMI-1, 5 CLI-85-9, 21 NRC 1118

14. 01/25/85 Note to G. Holler from R. Capra Re: Parks 5

(3 pages)

15. 01/31/85 Draft of Commission Paper " Proposed Enforcement 5

Action - GPU Nuclear Corp. (TMI-1 and 2) with attachment (16pages)

16. 02/01/85 Handwritten note to G. Holler from Jane Re:

5 TMI Issues (6 pages)

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17. 03/21/85 Routing and Transmittal Slip to B. Beach and 5 '.

Jane A. from Holler Re: TMI Issues (2 pages)

18. 05/20/85 SECY-85-177 " Proposed Enforcement Action - GPU 5&7A Nuclear Corp. (TMI-1 and 2) with attachment.1 (18 p ges) (Attachment 2 referred to Dept. of Labor
19. 05/29/85 Memo to Chainnan Palladino, et al. from S. Chilk 2 l

Re: SECY-85-177 - Proposed Enforcement Action -

GPU Nuclear Corp. (TMI-1 and 2) (1 page)

20. 06/03/85' Comissioner Robert's Vote Sheet on SECY-85-177 S&7A (1 page)
21. 06/04/85 Comissioner Zech's Vote Sheet on SECY-85-177 5&7A (1 page)
22. 07/02/85 Memo to Comissioner Bernthal from W. Dircks 5&7A Re: SECY-85-177 - Proposed Enforcement Action -

GPU Nuclear Corp. (TMI-1 and 2) (4 pages)

23. 07/03/85 Chairman Palladino's Vote Sheet on SECY-85-177 5&7A (2pages)
24. 07/23/85 Comission Bernthal's Vote Sheet on SECY-85-177 5&7A (2pages)
25. 07/24/85 Comission Asselstine's Vote Sheet on SECY-85-177 5&7A (1page)
26. 08/05/85 Memo to W. Dircks from S. Chilk Re: SECY-85-177 5&7A j

Proposed Enforcement Action - GPU Nuclear Corp.

(TMI-1 and 2) (1 page)

27. 08/09/85 Memo to Chairman Palladino, et al. from S. Chilk 5&7A Re: Memorandum from 01 concerning proposed enforcement action - GPU Nuclear Corp, w/ attached 8/7/85 memo to W. Dircks from B. Hayes (2 pages)
28. 09/16/85 Draft GPU Letter 2 (4 pages) 5 l

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