ML20198B645

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Third Partial Response to FOIA Request for Six Categories of Documents Re Wolf Creek.Forwards Documents Listed on Apps F- L.Info Also Available in Pdr.Several Documents Withheld (Ref FOIA Exemptions 5,6 & 7)
ML20198B645
Person / Time
Site: Wolf Creek Wolf Creek Nuclear Operating Corporation icon.png
Issue date: 10/15/1985
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Devine T, Varricchio M
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20198B650 List:
References
FOIA-85-101 NUDOCS 8511070132
Download: ML20198B645 (10)
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', UNITED STATES

! " s eq i NUCLEAR REGULATORY COMMISSION ll; .

WASHINGTON. D. C. 20555

\ ,,... / GCT 15 M Docket 50-482 Mr. Michele Yarricchio Mr. Thomas Devine Government Accountability Project 1555 Connecticut Avenue, NW, Suite 202 IN RESPONSE REFER Washington, DC 20036 TO F01A-85-101

Dear Ms. Varricchio and Mr. Devine:

This is a third partial response to your letter dated February 6,1985, in which you requested, pursuant to the Freedom of Information Act (FOIA), six categories of documents regarding the Wolf Creek Generating Station STN-50-482.

The documents listed on the enclcsed Appendices F through L are responsive to your request. The documents are either already in the NRC Public Document Room (PDR), being released in their entirety or in part, or being withheld in their entirety. Documents being released in part are identified on the Appendices by asterisks. The F0IA exemptions are noted next to the documents' descriptions on the Appendices, i Copies of the documents released in whole or in part are being placed in the PDR. You may obtain access to these records by presenting a copy of this letter to the PDR staff or by requesting folder F01A-85-101 under your names.

Documents already available in the POR may be obtained by referring to the file locations noted next to the document descriptions.

Information withheld pursuant to Exemption (5) consists of drafts containing the preliminary advice, opinions, and recommendations of members of the staff. Release of this information would tend to inhibit the frank and candid exchange of information in future deliberations and thus would not be in the public interest. There are no reasonably segregable factual portions because release of the facts would permit an indirect inquiry into the predecisional process of the agency. This information is being 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.

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. Release of'this information could allow those being investigated to learn the scope, direction, and focus of investigatory efforts, and thus could possibly allow them to take action to shield potential wrongdoing or a violation of NRC requirements from investigators. This information is being 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) of the Commission's regulations because disclosure of the information would interfere with an on going enforcement proceeding.

Information withheld pursuant to Exemption (6) and (7)(C) consists of names and identifying details the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. This information is being withheld from public disclosure pursuant to Exemptions (6) and (7)(C) of the F0IA (5 U.S.C 552(b)(6) and (7)(C)) and 10 CFR 9.5(a)(6) and (7) (iii) of the Comission's regulations.

8511070132 851015 PDR FDIA VERRICC85-101 PDR

Information being withheld pursuant to Exemption (7)(D) consists of the names of individuals and personal identifiers. Because this infonnation consists of the identities of confidential sources, it is being withheld from public disclosure pursuant to Exemption (7)(D) of the FOIA (5 U.S.C. 552(b)(7)(D))

and 10 CFR 9.5(a)(7)(iv) of the Commission's regulations.

Pursuant to 10 CFR 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 person responsible for this denial is Mr. Ben B. Hayes, Director, Office of Investigations.

This denial may be appealed to the Commission within 30 days from the receipt of this letter. Any such appeal must be in writing, 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 FOIA Decision."

Additional records subject to your request have been reviewed for a previous F0IA request (F01A-84-291). Our responses to that request are maintained in the PDR in folder F01A-84-291 under the name of Brosius. You may obtain copies of these documents by referring to that F0IA folder.

The staff is continuing to review records subject to your request. We will 1

notify you as soon as possible with regard to the remaining records.

Si rely l

. M. Felton, Director Division of Rules and Records Office of Administration

Enclosures:

As stated -

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! F01A-85-101 APPENDIX F DOCUMENTS LOCALE 0 IN REPORT OF INVESTIGATION 4-84-026 FILE (Q4-84-019 was transferred to 4-84-026)

WITHHOLO EXEMPTION NO.

1. 4/12/84-2/28/85 Investigation Status Record (2pages) - 7A
2. Undated Allegation Data Form (1 page) - Release
3. 4/13/84 Report of Inquiry ho. Q4-84-019 Plus Exhibits (12pages) - 7A
4. Undated Investigator's Handwritten hotes (2pages) - 7A, 7C, 6
5. 4/18/84 Mena Hayes to Palladino ti/o attachment (1 page) - Release
6. 3/8/85, 4/10,11,17,18,23,24/85 and 5/9/85 Signed Sworn Statements from Allegers (31pages) - 7A, 7C, 6
7. Various Dates Investigator's Handwritter, hotes (56pages) - 7A, 7C, 6 i
8. Undated Draft 01 Transmittal Letter 4 Draft Report of Investi-getier. (15pages) - 5, 7A ij
9. 3/20/84 RIV Interoffice Memo (no letterhead) (1page) - 7A
10. 3/06/64 Deposition f92pages) - 7A

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11. 3/05/85 Deposition f 82 pages) - 7A ,,.
12. Va rious Dates KG&E Documentation ( 98 pages) - 7A, 7C, 6

F01A-85-101 DOCUMENTS LOCATED IN REPORT OF INQUIRY NO. Q4-84-042 FILE WITHHOLDING EXEMPTIOf NO.

1. 10/25/84 -

1/31/85 Investigation Status Record ( l page) . 7A

2. Undated Allegation Data Form ( 1 page) -

Release

3. 1/30/85 Report of Inquiry No. 04-84-042 Plus Exhibits (93 pages) 7A ,7C, 70, 6
4. 10/25/84 Investigative Aide's Handwritten Notes ( 5 pages) 7A, 70
5. 10/25/84 Investigation Status Record with 11/33/84 annotation ( ) page) -

7A , 7D

6. 1/30/85 Memo to Hayes from Herr ( l page) -

7A

7. 1/31/25 Memo Herr to Martin (1page) -

7A l

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F01A-85-101

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APPENDIX,H DOCUMENTS LOCATED IN REPORT OF INQUIRY NO. Q4-84-048 FILE WITHHOLDING EXEMPTION NO.

  • 1. 10/31/84 -
1/29/85 Investigation Status Record ( l page) - 7C , 6
2. Undated Allegation Data Form ( l page) - Release
  • 3. 1/29/85 Report of Inquiry No. Q4-84-048 Plus Exhibits (132 pages) - 7C , 6
4. 1/09/85 Alleger's Handwritten Note ( l page) - 7C , 6
  • 5. Undated Investigator's Handwritten Notes (12 pages) - 7C , 6
  • 6. 10/31/84 - Investigation Status Record annotated (1 page) 17C, 6 11/30/84
7. 1/29/85 Memo to Hayes from Herr (1 page) - Release i
  • DENOTES pnDTIONS OF DOCUMENTS DELETED

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l F01A-85-101 ADDE 1 DIX I DOCUMENTS LOCATED th REPORT OF INQUIRY NO. Q4-84-052 FILE WITHHOLDING EXEMPT 10r. NO.

3. 11/19/84 -

1/31/85 Investigation Status Record (1 page) Release

2. 12/31/84 Letter to DeYounn from Koester (1 page) Release
3. 12/31/82 Letter to DeYoung from Koester (3 pages) Release w/a ttac hment
4. 12/27/84 Memo to Grant from Fouts (228 pages) Release
5. 11/16/34 Note to Deloris from t.onnie (1 page) Release 1
6. 11/19/82 Allegation Data Form  ;-j ,,),,3,
  • 7. Various dates Investigator's actes ..

14 pages) 6, 7C

8. 1/8/85 Letter Axelrad to Koester (1 page) Release
9. 5/14/85 Report of Inquiry with Exhibits Pelease J
  • INDICATES DOP.TIOM OF DOCU'1E!lT DELETED e

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. F0JA-85-10)

APPEJ[D_IJ._g l

l DOCUMENTS LOCATED IN REPORT OF INQUIRY NO. 04-84-053 FILE l

WITHHOLDING EXEMPT]Oh NO.

3. 11/19/84 -

1/31/85 Investigation Status Record ( ) page) Release

2. Undated Allegation Data Form ( ) page) Release
3. 11/28/84 Investigator's Handwritten Note ( 2 pages) Release 4- 12/31/84 Letter Koester to DeYoung ( 3 pages) Release
5. 2/15/85 Letter Reedy to Koester ( 4 pages) Release
6. 2/27/85 Structural Steel Welding Presentation (46 pages) Release
7. Undated Load and resistance factor design criteria (12pages) Release S. 2/17/85 Letter from 59an to Bailey ( 5 pages) Release
9. 2/14/85 Letter Slutter to Bailey ( l page) Releast
10. 12/10/84 Letter Fisher and Slutter to Ivy ( 5 pages) Release 11- 2/84 Resume of Reedy ( 4 pages) Release
12. Undated Resume of Fisher (17pages) Release
13. Undated Reference letter for Slutter ( 3 pages) Release
16. Unda ted Resume of Egan ( 2 pages) Release 15 5/14/85 Report of Inquiry with Exhibits Release
16. 2/27/85 Transcript of public meeting between l

KGLE and NRC -Access. No. 8504100496 (223 pages) Already in PDE, 17 3/7/85 Inspection Report (43pages) 50-482/85-12 and 85-13 Already in PD:

Access. No. 85031

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i F01A-85 101 ADDE *iOIX R 00:UMihT5 LOCATED 1h R[ PORT OF INQUIRt NO. Q4-85-001 FILE WITHHOLDING EXEMP110'. NO.

1. 10/11/85 -

2/26/85 Investigation Status Record ( ) page) 7A

2. Undated A11egatien Data Form ( ) page) Release
3. 2/21/85 Report of Inquiry No. 04-85-001 P1:ss Exhibits ( 138 pages) 6,7A, 7C, 70
4. Undated Investigator's Handwritten Notes ( 5 pages) c, 7A, 7 ,79
5. 1/22/85 Memo krtin to Herr ( 1 page) 7A E. 2/)9/85 Interviewee's Postcard to 01 ( ) page) 7t., 7C, 6
7. 2/8/85 Three U.S. D0' . Letters (6 pages) 7A, 7C, 6 0 ur.da ted Memo Spagnoli to Hunt

( 1 page) 7A

9. g/05/84 KGLE Interoffice Correspondence. ( 2 pages) 7g 10 11/20/64 KG&E Statement of A11eger ( 3 pages) 7g
11. 11/27/84 Memo Ward to Herr ( 1 page) 7A
12. 2/26/85 Memo Nrtin to Herr -(3 page)
  • 7A* E'

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13. Undated kps 14 Variou5 Dates Investigators' Notes & Reference materiall 163pages) - 7A* 7C' 6
15. Undated Draft Meno to Corission (3pages) -5
16. Undated Oraft of OI resoonse to Glickman (3nages) - 5, 7A
17. 2/11/85 Note to Bill (1 page) - Release l

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DOCUMINTS LOCAL [D IN REPORT OF INQUIR) NO. 04-85-001 Flt[

WITHHOLD EXEMP110N NO.

13. 12/21/84 Memo Hayes to brtin (1 page) - Release
19. 12/21/84 Memo Ward to byes (7 pages) - Release
20. Undated Draft memo to Corr.issior, (5 pages) -5
21. 10/31/84 Memo to File from Herr (1 page) - Release I
22. 2/5/85 Mem: Herr to Westennan (1 page) - 7A O

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F01 A 85-101 a.DPENDIX 'l DOCUMEh1 L1511NG HEADQUARTER'S Titt$

1. 9/6/84 Letter and Inspection PDP/ADOCK/50 482/8411030324 Report 50-462/84-15 (16 pages)
2. 10/26/84 Letter Ward to Foster (2 pages) - Release
3. 11/2/84 i

Letter Denise te Koester ( 7 pages) -Release

4. 11/16/84 Letter Brown to Ward (1 page) - Release
5. 12/19/84 Letter and Inspection DDR/ADOCK/59 482/8501030430 Report 50-482/84-48 (13 pages)
6. 1/28/85 .hote, Dick to Bill (1 page) - Release
7. 1/23/85 Letter and Inspection DDR/A30CK/50 402/8501290495 Report 50-462/84,-52 (6 pages)
8. 2/14/85 Letter Kansas House of Representative to Falladino ,()) pages) . Releast 5
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GOVERNMENT ACCOUNTABILITY PROJECT 1555 Connecticut Awnue, N.W., Suite 202 Washington, D.C. 20036 (202)2324550 February 6, 1985 Director ggM OF INFORMATK)N Office of Administration '

ggi Nuclear Regulatory Commission ** \ ()

Washington, D.C. 20555 hQ #

To Whom It May Concern: 64g,,

Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C.

5552, the Government Accountability Project (GAP) requests copies of any and all agency records and information, including but not limited to notes, inter-office memoranda, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, engineering analyses, drawings, files, graphs, maps, photographs, agreements, handwritten notes, studies, data sheets, no tebooks , telephone messages, books, computations, voice recordings, computer run-offs, representa tive records, interim and/or final reports, status reports, and any and all other records relevant to and/or generated in connection with the Wolf Creek Generating Station STN-50-482 in the following areas:

Institute of Nuclear Power Operations 1983 (INPO) Report on Wolf Creek. This report, referred to in an October 9, 1984 letter from Darrel G. Eisenhut, Director of the Office of Nuclear Reactor Regulation, to Michele Varricchio of the Government Accountability Project, was received on the Wolf Creek site by NRC Office of Inspection and Enforcement and NRC Region IV representatives, Investigations conducted during construction and licensing of the Wolf Creek Generating Station by the NRC Office of Investigations, NRC meeting of January 15, 1905 with Kansas Gas and Electric to discuss the operational readiness of Wolf Creek and a February 6, 1985 meeting held for the same purpose, NRC meeting held in Bethesda Maryland on November 28, 1984 to discuss the status of completion and future schedule for licensing of Wolf Creek,

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Director Page two Office of Administration February 6, 1985 i

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  • NRC investigations and inspections regarding the allegations of James Wells, employee at Wolf Creek.
  • NRC Region IV meeting October 29, 1984, Enforcement Conference.

If any records as defined in 10 CFR E9.3(b) and the NRC

! Manual, supra, and covered by this request have been destroyed

{ and/or removed after this request, please provide all records

! which have been or are destroyed and/or removed, a description

! of the action (s) taken relevant to, generated in connection 1 with, and/or issued in order to implement the action (s). <

i' GAP requests that fees be waived, because providing the ,

requested information "can be considered as primarily benefitting the general public," 5 U.S.C. 552 (a) (4) (A) . GAP is a non-profit, non-partisan public interest organization concerned with honest i and open government. Through legal representation, advice, '

national conferences, films, publications, and public outreach, GAP l promotes whistle-blowers as agents of governmental accountability.

j GAP is currently working with citizens groups in the Kansas area concerning the Wolf Creek Generating Station.

I For any documents or portions of documents that you deny access to, please provide an index, as required by Vaughn v. Rosen, ,

484 F.2d 820 (D .C . Cir . 19 7 3 ) , cert. denied, 415 U.S. 977 (1977),

1 itemizing and describing the documents or portions of documents

[

i withheld, and providing a detailed . justification of your grounds for claiming each exemption.

j Thank you for your prompt response to this request. We

! look forward to such a response within ten days.

Sine rely, ,

' 9 f l }L  !,WL GCE

! ichele Varricchio j Law clerk i 1

Thomas Devine Legal Director l

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