ML20205M043

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Eighth Partial Response to FOIA Request for Records.App Q & R Records Encl & Being Made Available in PDR
ML20205M043
Person / Time
Site: Browns Ferry, Harris, Saint Lucie, Sequoyah, Summer, Turkey Point  NextEra Energy icon.png
Issue date: 04/13/1999
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Gunter P
NUCLEAR INFORMATION & RESOURCE SERVICE
Shared Package
ML20205M044 List:
References
FOIA-99-76 NUDOCS 9904150069
Download: ML20205M043 (4)
v • d • e


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NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMISSION P ULA/VA LEsPoNsE NUMBER

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f'"%g RESPONSE TO FREEDOM OF 99-076 8

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S S INFORMATION ACT(FOIA)/ PRIVACY RESPONSE k '...' ACT (PA) REQUEST TYPE _

HEQutSrEH DATE Mr. Paul Gunter AN 131999 PART 1. -INFORMATION RELEASED

~7 No additional agency records subject to the request have been located.

[] Requested records are available through another public distribution prograns. See Comments section.

1

' APPENDICES-Agency records subject to the request that are identified in the listed appendices are already available for

"  ; public inspection and copying at the NRC Public Document Room.

AoPENDICLd. _ . Agency records subject to the request that are identified in the listed appendices are being made available for

_3s( public inspection and copying at the NRC Public Document Room.

R Enclosed 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, NW, Washington, DC.  ;

APPENDICES Agen y records subjtet to the request are enclosed. I Q,R

' Records subject to the request that contain information originated by or of interest to another Federal agency have been referred to that agency (see comments section) for a disclosure determination and direct response to you.

g We are continuing to process your request.

See Comments.

PART 1.A - FEES AuouNT~ You will be billed by NRC for the amount listed. None. Minimum fee threshold not met.

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You will receive a refund for the amount listed. Fees waived.

.s arnonis for details PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE

~ No agency records subject to the request have been located.

g- Certain information in the requested records is being withheld from disclosure pursuant to the exemptions described in and for the reasons stated in Part 11. j g This determination may be appealed within 30 days by writing to the FOlA/PA Officer. U.S. Nuclear Regulatory Commission, l Washington, DC 20555-0001. Clearly state on the envelope and in the letter that it is a "FOIA/PA Appeal." l PART 4.C COMMENTS (Use attached Comments continuation page if required) l I

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9904150069 990413 PDR FOIA I GUNTER99-76 PDR NRC FORM 464 Part 1 (6-1998) PRINTED ON RECYCLED PAPER TNs form was designed using informs 10N h 0h

NRC FORM 464 Part il U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE 7thSPONSE TO FREEDOM OF INFORMATION p g 3 3 gggg 99-076 ACT (FOlA) / PRIVACY ACT (PA) REQUEST

'APPENDscES - PART ll.A - APPLICABLE EXEMPTIONS R Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under

. the Exemption No.(s) of the PA and/or the FOIA as indicated below (5 U S C. 552a and/or 5 U S C. 552(b)).

Exemption 1: The withhek' information is property classifed pursuant to Executive Order 12958.

Q Exemption 2: The withhela aformation relates solely to the intemal personnel rules and procedures of NRC.

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.- Exemption 3: The withheld information is specifically exempted from public disclosure by statute indicated.

Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restncted Data or Formerly Restricted Data (42 U S C 2161-2165).

Section 147 of the Atomic EnerDy Act, which prohibits the disclosure of Unclassifed Safeguards information (42 U S C. 2167).

j~ 41 U.S C., Sect on 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an U executive agency to any person under section 552 of Title 5, U S C. (the FOIA), except when incorporated into the contract between the agency and the submitter of the proposal.

m Exemption 4; The withheld information is a trade secret or commercial or financialinformation thM s peing withheld for the reason (s) indicated.

E The information is considered to be confidential business (propretary) information.

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The information is considered to be propnetary because it concems a licensee's or applicant's physical protection or matenal control and accounting program for special nuclear matenal pursuant to 10 CFR 2.790(d)(1).

The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.790(d)(2).

~ kxemption 5: The withheld information consists of interagency or entraagency records that are not available through discovery du litigation. Applicable privileges-Deliberative process: Disclosure of predecisional informatior, would tend to inhibit the open and frank exchange of ideas essential to the deliberative process Where records are withheld in their er'tirety, the facts are inextricably intertwined with the predecisional information. There also are no reasonably segregable factual portions because tne release of the facts would permit an indirect inquiry into the predecisional process of the agency.

Attomey work-product pnvilege. (Documents prepased by an attomey in contemplation of litigation)

Attomey-cient pnvilege. (Confidential comn,Lnications between an attomey and hs/her cient)

Exemption 6. The withheld information is exempted from public disclosure because its disciosure would result in a clearly unwarranted invasion f personal pnvacy.

g- Exemption 7. The withhed information ccnsists of records compiled for law enforcement purposes and is being withheid for the reason (s)

Indicated (A) D:sclosure could reasonably be expected to interfere with an enforcement proceeding (e g , it would reveal the scope, direction, and focus of enforcement efforts, and thus could possibly allow recipients to take action to sheid potential wrongdoing or a violation of NRC requirements from investigators).

y (C) Disclosure would constitute an unwarranted invasion of personal pnvacy.

(D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal identites of confidential sources.

~ ~ rE) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, of guidelines that could reasonably be expected to nsk circumvenoun of the law.

~ (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual OTHER (Specrfy)

PART 11.B - DENYlNG OFFICIALS Pursuint to 10 CFR 9.25(g),9.25(h), snd/or 9.65(b) of the U.S. Nuclear Regulatory Commission regulations, it has been determined thit the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public int rest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Of6cer for any deniils that may be appealed to the Executive Director for Operations (EDO).

DENIING OFFICIAL

^

TITLE / OFFICE Regional Administrator, Region II RECORDS DENIED

' Appendix R~ ~

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Yefic Luis A.5ie es

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Appe:I rnust be made in wnting within 30 days of receipt of this response. Appeals'should be mailed to the FOIA/ Privacy Act Officer, U S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropriate appellate official (s). You should cletriy state on the envelope and letter that it is a "FOIA/PA Appeal."

NRC FORM 464 Part il (6-1998) PRINTED ON RECYCLED PAPE.R This form was oenigned using enF orms MY

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I.

4 Re: FOIA/PA-99-076 APPENDIX Q RECORDS BEING RELEASED IN THEIR ENTIRETY NO. DATE DESCRIPTION /(PAGE COUNT)

1. Undated Fax Transmittal (1 page)
2. 12/22/94 Memo to S. Ebneter from J. Gray; re: O' Report 2-93-030; RE:

Discrimination at Browns Ferry (1 pac,.s)

3. 09/01/95 Memo to NRC Addressees from l. Gray, NRC Re: Dept. of Labor Case (11 pages)
4. 09/05/95 Fact sheet for Discrimination ca',es (3 pages)
5. 09/22/95 Briefing Paner for Three Week Multi-Office Meeting (5 pages)
6. 10/06/95 E-mail from R. Rosano to Various Addressees; re: Harrison Case (1 page)
7. 10/23/95 Briefing Paper for Three Week Multi-Office Meeting (6 pages)
8. 10/30/95 NRC Predecisional Enforcement Conference (19 pages)
9. 10/30/95 NRC Predecisional Enforcement Conference (21 pages)
10. 10/30/95 NRC Predecisional Enforcement Conference (7 pages)
11. 11/06/95 E-mail from R. Rosano to Various Addressees; re: Harrison Case (1 page)
12. 11/20/95 Memo to J. Lieberman from S. Ebneter; re: EA 95-220, EA 95-190, EA 95-229 w/ attachments (55 pages)
13. 12/28/95 Letter to J. Gray from N. Reynolds; re: D. Harrison v. Stone &

Webster...w/ enclosure (13 pages)

14. 01/30/96 E-Mail from R. Rosano, NRC to J. Williams, NRC Re: Browns Ferry /SWEC EA 95-220 (1 page)
15. 02/02/96 E-mail from J. Gray to Various Addressees; re: Revised Letter to Ehele (1 page)
16. 02/09/96 E-mail from D. Landron to Various Addressees; re: Harrison (1 page)

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Re: FOIA/PA-99-076 APPENDIX Q (continued)

RECORDS BEING RELEASED IN THEIR ENTIRETY NO. DATE DESCRIPTION #PAGE COUNT)

17. 02/09/96 Notification of Significant Enforcement Action (1 page)
18. 03/14/96 Letter to Document Control Desk from R. Kelly; re: Reply to a Notice of Violation (4 pages)
19. 03/26/96 E-mail to B. Uryc from J. Gray, re: WA Response...(1 page)
20. 02/12/97 Annotated memo to L. Reyes from M. Sartorius; re: 01 Report 2-96-008; RE: Alleged Discrimination Falsification of Fire watch Journals (1 page)  ;
21. 02/26/97 EA Request and Enforcement Strategy Form (1 page)
22. 04/14/97 E-mail from R. Pedersen to WJM1 re: Release of TVA 01 Rpt 1-96-009 (1 page) l
23. 08/01/97 E-Mail from J. Goldberg to Various Addressees (1 page)
24. 08/06/97 Letter to J. Lieberman, NRC from M. Burzynski, TVA Re: WA (2 pages)
25. 08/18/97 Letter to J. Lieberman from N. Reynolds re: D. Harrison v. Stone &

Webster...w/ enclosure (37 pages)

26. 11/11/97 Letter to J. Lieberman from N. Reynolds ie: D. Harrison v. Stone &

Webster...w/ enclosure (3 pages) 27, 12/24/97 E-mail from M. Stein to Various Addressees; re: Acknowledgment i letter in Harrison Case w/ attachment (1 page)  ;

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I-8 Re: FOIA/PA-99-076 APPENDIX R RECORDS BEING WITHHELD IN PART NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS

1. 03/27/96 Letter to G. Huddleston from J. Ennis; re: Discriminatory Employment Practices...(1 page) EX. 7C
2. 02/20/97 Annotated Enforcement Action Worksheet (17 pages) EX. 7C
3. 02/20/97 Annotated Enforcement Action Worksheet (6 pages) EX. 7C
4. 07/28/97 E-mail from A. Boland to Various Addresses (1 page) EX. 2

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December 21,1998 .

RusselPowell, Chief FOIA-LPDRBranchpividon of Freedom ofinwdan and Publicati OfficeofM * 'cetion U.S.NuclastRegulatory Commission -

J Washington,DC 20555 i

Dear Mr.Powell:

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~ On behalf ofNuclear Information C M =

  • OfBee and Rf available copies of all documents in the U.S. Nuclear Reguimor ofInvestigation's (OI) pc2 "w which describe"'byOIon or discuss:
1) [ Case Numbar 1-96033] i f mer f=In%a 2)2/19/97.

[ Case Number 2 96008] alleged gMae dima *=

Stone & Webster honworker for raising past emce

' washes atBrowns Ferty Unit I and"e<

, 3) [ Case Number 2-96409] alleged falsification

_ ' Sequoyah 2 and "ananhamneistar' d by OI on 01/24/97 d

f"by OI on d

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[CaseNumber4-97403]failuretoconduc of fhe waschlogs atRiverBand and"enhd=a amm daa 04/11/97.

5) [CaseNumber 4 97-027] 4 f=>a%=dsion at ofThan 6)records

[ CaseatComancheNumber 1-95412] PaskUnitI andi potential falamatic Fitzpatrick and deemed" Higher Priority" by

7) [ Case Number 2-93 030]ie protection enacerns at B foremanforexpressingfl i airst an

%=Maatiated' by O!on 12/15/94.

8) [ Case Number 3 93-001]l Science.Inc.. alleged of the OI employmen employee for his refusalli to falsify record 1

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- dedicaind to a sound non-nudear energy plity. .

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investigation is identified as "Other" and no referral was made to the Department of Justice by the OI as dated 03/30/95.

9) [ Case Number 3 94-059] alleged deliberate falsification of fire watch records at Cook Unit I and deemed " Higher Priority" by OI on 01/18/95.

10)[ Case Number 3-94460] alleged deliberate falsification of fire watch round records at Quad Cities Unit I and deemed " Higher Priority" by OI on 10/25/95.

11) [ Case Number 4-95-013] alleged deliberate falsification of fire watch records at Arkansas Nuclear One Unit I and " substantiated" tr/01 on 05/25/95.

12)[ Case Number 3 96-032] falsification of fire watch icgs at Cook Unit I and determiaxi by a " lack of regulatory requirement" by OI on 09/30/96.

13)[ Case Number 4 95-004] alleged discrimination and tenninstion for refusal to falsify work steps (fire protection seals) at Arkansas Nuclear One Unit I and determined as a " lack of rardwa y regtem.sr.:" by OZ on 02/26/96.

14) (Case Number 4-95-032] alleged false statements by fire watches to NRC inspectors at WaaWgtnu Nuclear Unit 2 and deemed " Higher Priority" by OI on 10/05.95.

15)[ Case Number 4-95-035] alleged deliberate falsification of fire watch records at Waterford Unit 3 and deemed "Higber Priority" by O! on 01/17/96.

16)[ Case Number 4-95-044] alleged dehkrate falsification of fire watch records at Waterford Unit 3 and " substantiated" by OI on 02/08/96.

17) [ Case Number 4-95-047] alleged discrimination for reporting fire watch concerns to site management at Waterford 3 and " unsubstantiated" by 01 on 01/31/96.

18)[ Case Number 4-95-070] alleged discrimination against fire watch for refusing to violate site security pvcedois at Waterford Unit 3 and

"==Maadead" by OI on 04/03/96.

This request covers but is not limited to all draft and final teports, cv.c r+?- =,

memoranda, notes, records of telephone contacts, electronic communications including fax trarismiations and Email, or other written records, whether in paper or computer

. files.

Pursuant to this request, please provide all do%o. and communications prepared or utilized by, in the possession of, or routed through the NRC related to items 1-18.

For any portion of the request that you deem appropriate to deny, NIRS requests that l

you describe the information that is denied. identify the exception to the FOIA on which you rely, red explain how that exception applies to the withheld information. l Pursuant to NRC regulations at 10 CFR 9.41, NIRS requests that any searching and  !

copying fees incuned as a result of this search be waived, und piovides the following information in response to the eight criteria listed in Section 9.41(b):

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1) Purpose of request:

The purpose of the request is to gather information on the long-term reliance of compensatory measures. specifically hourly roving fire watch personnel, for inoperable fire barriers currently deployed throughout the nuclear power industry. This information is currently not available in the NRCs Public Dm'nant Room.

2) Extent to which NIRS will extract and analyze the substantive content of the records:

NIRS is qualified to make use of the requested information. The staff has demoa&M the ability to accurately interpret information and communicate that information in a form cesgeensible to the general public. Membars of the NIRS staff have published articles in such nationaljournals as The Pmeressive. MIMilsat Timea. Newsday and Bulletin of Atomic Scientists. NIRS is quoted as a reliable source ofinformation on nuclear safety issues in newspapers across the country, including the New York Tima. h Wa*hinaton Post. and'Iha San Francisco Chronicle.

NIRS has a working relationship with attomeys, physicists, nuclear engineers, industry fire protection consultants, Congress and other r-M professionals who contribute to the full understanding of technical records, investigations and the public health H safety impact.

3) Nature of the specise actMty or research in which the records will be used and NIRS's quali5 cations to utilize the informaation for the intended use in such a way that it will contribute to public understanding:

NIRS seeks the requested information solely to contribute to and help shape the public debate on adequate fire protection at nuclear power stations and the public health and safety. NIRS intends to use the information in order to advance these concems for the l 1

public's understanding, health and safety.

4) Likely impact on the public's understanding of the subject as compared to

" the level of un' derstanding of the subjoet prior to diselesare:

NIRS seeks to translate the requestedm' formation into the layperson's understanding of i

fire protection issues at nuclear power stations. The added attendon will increase the public under* din- and further a national debate on fire protection standards.

5) Size and nature of the public to whose understanding a contribution wSi be made:

NIRS has an active subscribing membership ofover 1500 throughout the United States.

Several thousand additional members periodically receive mailings from NIRS.

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O NIRS provides resource material to electronic and print media outlets with very broad outreach to a safety conscious audience. Additionally, NIRS has a web site (www.nirsnet.org) which receives on average of 250-300 visitors per day where postings on this issue will be made available.

6) Means of distribution of the requested information:

NIRS will use its own newsletter publication The Nuclear Maairar and our media contacts in both the electronic and print media outlets to provide very broad ontreach to the safety conscious public. Additionally, NIRS will post information on its web site (www.nitsnet.orn) which receives on average of 250-300 visitors per day.

7) Whether free access to information will be provided:

NIRS will provide the information without charge to all members of the public.

Information prepared from the FOIA requested will be posted on the web site for downloading free of charge. NIRS will also provide information to traditional media outlets without charge.

8) No commercial interest by NIRS or any other party:

NIRS has no commercial interest in ot**iaing the requested information. This information is provided to all public requests without charge. The sole interest of NIRS is to promote a policy debate on appropriate and adequate fire protection at nuclear power stations for the sake of public health and safety.

S' ,

J Paul Gunter, Director .

Reactor WateMah Project Nuclear Information and Resource Service Cc:

Congressman Edwsrd Markey l

. Mr. David Walker,GAO l l

l l

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