ML20202D870

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Second Partial Response to FOIA Request for Documents. Records in App B Being Withheld in Part (Ref FOIA Exemption 7)
ML20202D870
Person / Time
Site: Saint Lucie  NextEra Energy icon.png
Issue date: 01/23/1998
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Barton E
AFFILIATION NOT ASSIGNED
Shared Package
ML20202D873 List:
References
FOIA-97-484 NUDOCS 9802180023
Download: ML20202D870 (6)
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1 RESPONSE TO FREEDOM OF l FINAL l ^ l PARTIAL riu /

INFORMATION ACT (FOIA) REQUEST o^'5 BAN 2 31998 OOCK& T NUMBE RISI (t/ epphcable/

h40UtSTE R Eric Alan Barton PART 4.-AGENCY RECORDS RELEASED OR lbT LOCATED (See checkedboxes)

N3 agency records subject to the request have been located.

N) additional .gency records subject to the request have been located.

1 Requested records are available through another public distribution program. See Comments section, I l

Agency records subject to the request that are identified in Appendix (es) are already available for public inspection and copying at the NRC Public Document Room,2120 L,S,treet, N.W., Washington, DC.

Apocy recorde ;::bject to tl.a request that are identified in Appendix (as) are being made available for public inspection and copying at the NRC Public Oucument Room 2120 L Street, N.W., Washington, DC,in a folder under this FOI A number, i

The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made available  ;

fer public \nspection and copying at the N RC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.

l AgoneyMds subject to the request that are identified in Appendix (es) may be inspected anc copied at the NRC Local Public Document Room identified in the Comments section.

Encloesd is information on how you may obtain access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, N7' , "ashington, DC.

l Agency records subject to the request are enclosed.

Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you.

l Fees You will be billed by the NRC for fees totaling $

You will receive a refund from the NRC in the amount of $

I In view cf N RC's response to this request, no further action is being taken on appeal letter dated . No, l

i PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated In Part II, B, C, and D. Any released portions of the documents for which only part of the record is being withheld are being made available for public 3 inspection and copying in the NRC Public Document Room,2120 L Street, N.W,, Washington, DC in a folder uvier thl FOIA number,

'OMMENTS L -

C: pies of the releasable portions of t'ie records identified on Appendix B are enclosed.

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i. .u RESPONSE TO FRr 70M OF INFORMATION ACT (Fs a) REQUEST (CONTl%UATION)

FOIA -9, ,a MN M a e

l PART 11 B- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) B are being withheld in their entirety or in part under the E:.emption No.(s) and for the reason (s) given below pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of NRC regulations.

1. The wethheld mformation is property classited pursuant to Enocutive Order (Exemption 1) i
2. The withheld ardormaten relates solely to the enternal pe,sonnef rules and procedures of NRC. (Exemption 2)
3. The withheld information es specifically esempted from public disclosure by statute irdicated. (Exemption 3)

Sections 141145 of the Atomic Enerpy Act, which prohibits the disclosure of Restricted Date or Formerly Restricted Data (42 U.S C. 2161-2165).

Sect 6on 147 of the Atomic Energy Act,which prohibits the disclosure of U.41assified Safeguards information (42 U.S.C. 2167).

4 '. The withheld aniormation is a trade secret or commercial or fmancial mformation that is being withheld for the reason (s) indicated. (Ememption 4)

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Tie informaton is considered to be cunhoentisi busmens ipropriereryl mformation The informaten se consides id to t e propnetary informa 6cn pursuant to 10 CFR 2.790tdHIL The mformaton was submitted and received m conhdence pursuant to 10 CFR 2 790(dH2)

6. The withheld Infarmaten consists of mteragency ce intraagency recores that are not available through discovery durmg litegaten (Exemption 6). Applicable Privilege:

Del 6berative Process Disclosure of predecisional information would tend to mhsbit the open and frank enchange of ideas essential to the deiiberative process Where records are withheld in their entirety, the facts are ment..cabiy intertwined with the predecisena' mformation There also are no reasonably segregable f actual portions because the release of the f acts would permet en mdirect mouiry mto the predecisional process of the agency Attorney work product privi6ege (Documents prerated by an attorney m contemplation of lit.gaten i Attorney-client privilege. (Conf.dential communications between an attomey and his/her chent.)

6. The withfwid mformaten is esempted from puotic disclosu o because its disclosure would result m a clearly wriwarra 'ied invasion of personal privacy (Fuemption 6) y 7. The withheld infoemai.on consists of records compiled 'or law enforcement purposes and is being withheld for the reasonist mdicated (Exemption 7)

Disclosure could reasonably be expected to mtarfare with an enforcement proceedmg because it could reveal the scope. direction, and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoin0 or a violation of NRC requirements l( Disclosure would constitute en unwarranted invasson of personal pnvecy. (Exemption 7(C))

The mformation consists of names of mdividuals and other mform;iion the disclosure of which could reasonabiv be enoected to revealidentities of conhdential sources. (Exemption 7 (DI)

MEER PART 11. C-DENYING OFFICIALS Pursuant t310 CFR 9 25(b) and/or 9 25(c) of the U.S. Nuclear Regulatory Corr mssion regulations, it has been rJetermmed that the information with

  • J is exempt from pro ducten or disclosure, and that its production or disclosure is contrary to the pubhc interest. The persons responsible for the denial are those off cials identif'ed below as denying if hc ris and the Director, Division of Freedom of informaton and Publications Serwces. Of fice of Admmistration for any denials that may be appeated to the Executive Director for Operatens (EDOL DENYING OFFICIAL TITLE /UFICE RECOilDS DENTED APPELLATE OFFICIAL Regional Administrator too secure r Luis A. Reyes R I .'

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_ PART li. D- APPE.AL RIGHTS  !

The densas tr; each denying official identifmo in Part II.C may be appeamd to the Appellate Official identified tnere Any sucr acces mur ce rnace ir wet no wetnm 30 navn o receit-o* this response. Apoeats .nust be addressed. as appropriate to the Executive D< rector for Operations, to the Secretary of tne Comm sieor or to tne anmecto Gene a U S Nut e iegulatory Comm stion. Washington. DC 20555, and s%oun d ciearly stare on the enveiooe and m the letter that et is sa "Aooeti hora ar in Mi FD1 A Dgds cr M SORM 484 Port 2) (191) U S. NUCLE AR REGut ATORY COMYh'

Re: FOIA 97 484 APPENDIX R RECORDS BEING RELEASED IN PART RCL DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS

1. Undated Allegation Summary; Ril-94-t 119 (4 pages)(Exemption 7C)
2. Undated Ril-94-A-0119-Physical Security Fitness for Duty Concems (1 page)(Exemption 7C)
3. 03/28/95 Memo to O.DeMiranda from D. R. McGuire;

SUBJECT:

St.

Lucie, Fitness for Duty (Case No. Rll-94-A-0119) (3 pages)

(Exemption 70)

4. 06/07/97 Alleger Identification Sheet (1 page) (Exemption 70)
5. 06/06/97 Letter to Individual from K. D. Landis;

SUBJECT:

Allegation _ Report Numbers Rll-1997-A-0053 and Ril-1997-A-0054 (4 pages)(Exemption 7C)

6. 02/20/97 Alleger Identification Sheet (1 page) (Exemption 7C)
7. 05/30/97 Letter to Individual from K. D. Landis;

SUBJECT:

Ril-97-A-0027 - Concems Over Control of On-Site Hazardous Material, Maintenance Management Practices and lndustrial Safety Conditions (1 page) (Exemption 7C)-

8. 05/30/97 Letter to Individual from K. D. Landis;

SUBJECT:

Ril-97-A-0027 - Concems Over Control of On-Site Hazardous Material, Maintenance Management Practices and industrial Safety Conditions (1 page) (Exemption 7C)

9. 05/30/97 Letter to Individual from K. D. Landis;

SUBJECT:

Ril-97-A-0027 - Concerns Over Control of Or.-Site Hazardous Material, Maintenance Management Practices and Industrial Safety Conditions (1 page) (Exemption 7C)

10. 02/12/97 Letter to Individual from A. Ignatonis;

SUBJECT:

Allegation Report Ril-97-A-0027 (3 pages) (Exemption 7C) e

p. __ _ .. . _ _ _ _ _ _ _ _ _ - _ _ _ ..__ _ __ __. __ . _ _ _ __ _ . . . _ . . - _ . . _ . _
11. 07/23/97 Alleger identification Sheet (1 page) (Exemption 7C) -  !

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12. 01/03/97 Letter to Individual from K. P. Barr;

SUBJECT:

Rll-96-A-0150 - Industrial Safety Concens and Concems with  ;

Calibration and Testing of Rartion Monitors at St. Lucie and Turkey Point Nuclear Plants (5 pages) (Exemption 7C)

13. 05/30/97 Closed Case Chronology; Ril-1996-A-0180 (5 pages)

(Exemption 70)

14. 09/10/96- Alleger identification Sheet (1 page) (Exemption 7C)
15. 05/29/97 Letter to individual from K. D. Landis,

SUBJECT:

St. Lucie Nuclear Plant; Alleged Falsification and Backdating of Emergency Preparedness Document (Ril-96-A-0180) (Office of Investigations Case Number 2-9G-042) (1 page)

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(Exemption 7C)

' 16. - 05/29/97 Letter (concurrence page) to Individual from K. D. Landis,

SUBJECT:

St. Lucie Nuciear Plant; Alleged Falsification and Backdating of Emergency Preparedness Document (Rll-96-A-0180) (Office of Investigations Case Number 2-96-042)

(1 page)(Exemption 7C)

17. 05/20/96 Index of Concems; St. Lucie; Ril-95-A-0186 (4 pages)

(Exemption 7C)

18. 05/04/96 - Alleger Identification Sheet (1 page) (Exemptio,e 70)

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. 19. 05/01/96- Letter to individual from K. D. Landis;

SUBJECT:

Rll-95-A-0199 - Questionable Instrumentation & Control Practices (3 pages)(Exemption 70) 20.- 08/17/96 Index of Concems; St. Lucie Unit 2; Ril-96-A-0029 (2 pages)

(Exemption 7C)

- 21. 08/05/96 ~ Letter to individual from K. D. - Landis;

SUBJECT:

Ril-96-A-0029 - Preep.. e Relief Dampers improperly Set (5 pages)

(Exemptior AD

22. 08/17/96 Alleger identification Sheet (1 page) (Exemption 7C)
23. 02/14/97 Letter to Individual from A. Ignatonis;

SUBJECT:

Allegation Report Ril-1997-A-0015 (5 pages)(Exemption 7C)

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24. . 04/08/97 Letter to Individual from K. P. Barr;

SUBJECT:

Rll-97 A- .

' 0015 - Female Visitors were not being informed about Monitoring of an Embryo / Fetus prior to gaining access to the Radiologically Controlled Area (RCA) (5 pages) (Exemption 7C)

25. 04/12/97- Alleger Identification Sheet (1 page) (Exemption 70)
26. Undated Allegation Report; Case No.: Ril-97-A-0015 (2 pages)

(Exemption 7C)

27. Undated Allegation Report; Case No.: Ril-96-A-0130 (1 page)

(Exemption 7C)

28. 08/24/96 Letter to Individual from K. D. Landis;

SUBJECT:

Ril-96-A- -

0130 - Questionable Overtime Practices (6 pages)

(Exemption 70)

29. 08/27/96 Alleger Identification Sheet (1 page) (Exemption 7C) 30.- 02/28/97 Letter to individual from K. P. Barr w/ enclosures;

SUBJECT:

Ril-96-A-0192 - Questionable Health Physics ,

Practices (26 pages)(Exemption 7C)

31. 03/03/97 Alleger identification Sheet (1 page) (Exemption 7C)
32. 08/15/96. Allegation Report; Case No.: Rll-96-A-0175 (1 page)

(Exemption 7C)

33. 09/09/96 Alleger Identification Sheet (1 page) (Exemption 7C) 4
34. 09/09/96 _ Alleger identification Sheet (1 page) (Exemption 70)
35. 09/09/96 Alleger Identification Sheet (1 page) (Exemption 7C)
36. 09/29/96 Letter to individual from P. E. Fredrickson;

SUBJECT:

Allegation Report Ril-96-A-0175 (3 pages) (Exemption 7C)

~ 37. 09/29/96 1.etter to individual from P. E. Fredrickson;

SUBJECT:

Allegation Report Ril-96-A-0175 (3 pages)(Exemption 7C)

. 38. 09/29/96 Letter to Individual from P. E. Fredrickson;

SUBJECT:

Allegation Report Ril-96-A-0175 (3 pages)(Exemption 7C)

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. 39. -03/04/96 Allegation Report; Case File No.: Rll-96-A-0035 (2 pages)

(Exemption 7C)

40. 05/02/96- Letter to Individual from H. O. Christensen;

SUBJECT:

Ril-96-A-0035 - Outdated Procedures may be uses for Maintenance (3 pages) (Exemption 7C)

41. 05/04,'96 Alleger Identification Sheet (1 page) (Exemption 7C)

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e 15?1 Pest St. imale Boulevard, Suke X f . Port $t. lacie,FL 34952 (561) 337 5800 i rAx:(561)333-3993 ,

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The Port St. Lucie News f:0WPAREQUEST yy c/ 7- 40?V -

Dec.18,1997 /2-- L

% Rect To the ofBee of'.

AcDonOft b

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ggedce,e: --- -

Mary JeanPool Freedom ofInfbnnatioc Act Branch * .

U.S. NuclearRegulatory Commission .

11545 Rockville, MD 20852-2738 '

l Ms. Pool' .

Pursuant to Section 119.07 (1) (a), Florida Statutes and the U.S. Freedom ofInformation Act, I am requesting access to certain public records. In reference to our cc:1vemation today, I am requesting fbrther access to these twenty two (22) NRC files:

  • RH-l'94-A-0119
  • RH-1995-A-0001
  • RII-1995-A-0033 l
  • RH-1995-A-0065
  • RH-1995-A-0183
  • RH-1995-A-0186
  • RH 1995-A-0199
  • RH-1995-A-0200
  • RH-1996-A-0029
  • R? 996-A 0035
  • RU-1996-A-0120
  • RH-1996-A-0122

,

  • RH-1996-A-0130
  • RH-1996-A-0150
  • RII-1996-A-0175
  • RU-1996 A-0180
  • RH-1996-A-0192
  • RH-1996-A-0251
  • RH-1997-A-0015
  • RH-1997-A-0027
  • RH-1997-A-0053 i
  • RH-1997-A-0116 Specifically, we sie looking for severi portions of these files and will likely not need the entire files. Below are lists of portions we ate requesting:
  • The initial allegation
  • Th: Gqeridentification sheet
  • The ace donology
  • The inu@n report ,
  • Any documents regarding a conclusion, summny or recommendation for changes
If copies are needed, 7hr Port St. Lucle News will pay the reasonable costs, as defined by Florida law. Please fax any and all results of the request to (561) 335-3993. If a fax is not posmile, the results may be mailed to the above address.

If you beheve you are not required to disclose any or all of the documents in your possession -

which fhl1 within the scope of the foregoing request, please be advised of the requirements of Section 119.07 (2) (a), Florida Statutes. This statute provides that, if a person who has custody of e,

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  • A m
  • w.aw e .. m e . *ae Aeee ena fa& VVJ 96*OT # # #0 7 (9 T

E ,* '; *ipublic record contends that t' ecord or part ofit is exempt f! rom ins-~ tion and c==1-4n,

' 'that person must state the basis dthe exemption which !s believed to b, pplicable to the public f' record, including the statutory citation t3 an exemption rasted or affbrded by statute, and, if requested by the person seeldag to inspect, cWne ant'. copy the record, the custdtlian of the record must state in writing and with particalarity the reescas for his conclusions that the record is arsept. -

Pursuant to the foregoing statutory provision, if you believe the records rq=*ed above, or any portions of those records, are exerupt from inspection, ==aminath and copying, please provide a written statement describing with particularity the reasons and the statutory bas!s for your

- cMM ,,

Thank you in advance ibr your prompt attention to this matter. If you have any quettious or concerns, do not hesitate to contact me at (561) 337-5826 or fax to (561) 335A993. , ,

sincerely, k*f n,ic ua.narion L 7hr Port St. Lucw Nm G

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,, _ _____U

, UNITED STATES

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[M80 %S . NUCLEAR REGULATORY COMMISSION

  • REGloN 11

$ i> 101 MARIETTA STREET. N.W., Sul?E 2900 5 l ATLANTA, GEORGtA 3(%B234190 k...../ MARCH 28, 1995 MEMORANDUM 10: Oscar DeMiranda, Regional Allegation Coordinator Faforcement and Investigation Coordination THRU: m / Douglas M. Collins, Chief W Nuclear Materials Safety and Safeguards Branch

( Division of Radiation Safety and Saft.aards FROM: David R. McGuire, Chief

~

p(Safeguards Nuclear Materials Section Safety and Safeguards Branch

  • y -Division of Radiation Safety and Safeguards

SUBJECT:

ST. LUCIE, FITNESS FOR DUTY (CASE NO. RII 94-A-0119)

We have reviewed the licensee's response of February 9,1995, and found it to be acceptable. There is no alleger to respond back to; attached is our

.- Allegation Summary. There is no inspection report. Please note that these i two allegations were previously discussed in my memo of November 21, 1994, relative to other allegations (see Nos. 2 and 3.)

On February 23, 1995, Wiiliam Tobin contacted John Luchka, the St. Lucie Spaakout Coordinator, and determined that the two " recommendations" referred to in Florida' Power and Light's letter were; (1) increased supervisory observation of the two individuals alleged to have a Fitness for Duty problem, and (2) heightened sensitivity by the security force in the detection o' Fitness For Outy problems. On March 6, 1995, Tobin confirmed with Bill White, St. Lucie Site Security Manager, that these two recommendations have in fact ,

been acted upon by the licensee and by the contract manager. Our Residents are aware of the status of these actions and of the specifics of this case.

There were no violations, we suggest closure of the case. ,

Please note that the licensee has protected their response under 10 CFR 2.790. '

n . n.

Attachment:

Allegation Summary

...s =. J 1e .:.21 ! .? mc2 ci information

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ALLEGATION EVALUATION REPORT ALLEGATION NbMBER RII-94-A-0119 ST. LUCIE NUCLEAR PLANT DOCKETS 50-335 AND 50-389 gGWh fCA-ALLEGATION:

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An anonymous caller stated that;

1. Lieutenant has a drinking problem and in the Spring of 1994 9 was " hidden ou .e.,

showed up drunk and was held until he sobered up /C

- at which time he a:sumed his duties.

2. Officer frequently smells of alcohol. Doctor refused to administer p ys cal examination this past summer believing him to be drunk.

DISCUSSION: -

l 10 CFR Part 26 requires licensee's to ensure their employees and contractors are fit for duty and not impaired by alcohol. By letter dated December 27, 1994, Region 11 requested the licensee to review these two Fitness for Duty concerns. The licensee responded on February 9,1995.

Florida Power and Light's Nuclear Safety SPEAK 0UT organization conducted an investigation of these issues in January of 1995. The results of the investigation are summarized as follows; The investigation found that Lt. has a drinking problem and has previously received counseling or is problem. This is consistent J with NRC findings discussed in a November 21, 1994, memo random to the -

allegation file. The investigation was unable to substantiate that in the Spring of 1994, he was " hidden out" after showing up drunk, nor was it able to substantiate involvement of any of the individuals named in the allegation.

The invv.;tigation '

substantiate the allegation, as written, concern ffic The investigation did reveal that Officer las a reputation (among his peers) forTrtessive ,

drinking; however, evidence of duty drinking could not be substantia.ted, /

nor could any occurrence of a doctor refusing to administer a physical examination be substantiated.

A review of uty records indicated that both Lt.

and Office have been randomly tested for drugs and alcohol several times 'and both have always tested negative. Neither has ever been tested "for cause."

ATTACHMENT 77 .

2 Although SPEAK 0VT was unable to substantiate portions of the allegation, however, because of the abundance of security officers who provided rumors or knowledge of events related to the allegation, SPEAK 0VT his issued two recommendations to plant management, which are summarized below and which have been adopted by site management and the security l contractor.

CONCLUSION The licensee's res)on ec table. The allegations were " partially" substantiatef in tia as been receiving counselling for'a fitness for duty problem. The other portions of the allegation aare not substantiated. There were no violations of NRC requirements. The SPEAK 0VT

(

recommendations and the licensee's actions are prudent and responsive, be P _

p ceu.m (a$)G1) e 4

4 4

ATTACHMENT

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