ML20205P059

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Ninth Partial Response to FOIA Request for Documents.App Records Already Available in Pdr.Records in App T Encl & Being Made Available in Pdr.App U Records Being Released in Part (Ref FOIA Exemption 7).App V Records Withheld Entirely
ML20205P059
Person / Time
Site: Cook, Quad Cities  Constellation icon.png
Issue date: 04/14/1999
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Gunter P
NUCLEAR INFORMATION & RESOURCE SERVICE
Shared Package
ML20205P063 List:
References
FOIA-99-76 NUDOCS 9904200010
Download: ML20205P059 (7)
v • d • e


Text

. NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMIS$10N P UIAIVA RESPONSE NuMBEA tunes /

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/* '* % h RESPONSE P(% TO FREEDOM OF 99-076 9

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INFORMATION ACT (FOIA) / PRIVACY ACT (PA) REQUEST RESPONSE -

TYPE L.

RLOulsILH DAIL Mr. Paul Gunter APA H tass PART 3. -INFORMATION RELEASED No additional agency records subject to the request have been located.

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

g APPENDICES ~ l Agency records subject to the request that cre identified in the listed appendices are already available for b public inspection and copying at the NRC Public Document Room.

, Agency records subject to the request that are identified in the listed appendices are being made available for g ; APeENoictsT/t1 public inspection and copying at the NRC Public Document Room.

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.

l F APPt NDICE s V 7, g Agency records subject to the request are enclosed.

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 ~

AMOUNT

  • You will be billed by NRC for the amount listed. None. Minimum fee threshold not met.

^

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

fo"r oEs""

PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE No agency records subject to the request have been located.

i g Certain information in the requested records is being withheld from disclosure pursuant to the exemptions desenbed in and for the reasons stated in Part II.

g This determination may be appealed within 30 days by writing to the FOIA/PA Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Clearly state on the envelope and in the letter that it is a FOlA/PA Appeal.

PART 4.C COMMENTS (Use attached Comments continuation page if requirec9 l d$W \

tiltAA1UHL - t HLLOVM Qi Ni OHMAiav i AND PHW ALi O t ILLR NLd.(t/ L "# r) A{ 'L-Ru?. sell A. Povfil '

99042OOd10 990414 PDR FOIA QUNTER99-76 PDR NkC FORM 464 Part 1 {6-1998) PRINTED oN RECYCLED PAPER This form was designed using inf orms

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g gNRC FORM 464 Partil U.S. NUCLEAR REGULATORY COMMIS$40N FOIA/PA DATE 9lESPONSE TO FREEDOM OF INFORMATION Apg g gg 3

ACT (FOlA) / PRIVACY ACT (PA) REQUEST i

PART ll.A - APPLICABLE EXEMPTIONS

,#y*'Cy_._ Records subject to the requera that are desenbed in the enclosed Appendices are being withheld in their entirety or in par 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)).

Exemptson 1: The withheld information is property classifed pursuant to Executive Order 12958.

j Exemption 2: The withheld information relates solely to the intemal personnel rules and procedures of NRC.

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

'i Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restncted Data or Formerty Restricted Data (42 U S.C.

2161-2165).

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

41 U.S C., Section 253(b), subsection (m)(1), prohibits the disclosure rif contractor proposals in the possession and control of an 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.

Exemption 4. The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) indicated.

The information is considered to be confidential business (propnetary) information.

The information is considered to be propnetary because it concems a hcensee'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).

Exemption 5: The withheld information consists of interagency oc intraagency records that are not available through discovery during litigation. Apphcable privileges:

Dehberative process. Disclosure of predecisionalinformation would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. Where records are withbrid in their entirety, the facts are inex'tncably intertwined with the predocasional information There also are no reasonably segregable factual portions because the release of the facts would permit an indirect inquiry into the preder'sional process of the agency.

Attomey work-product privilege. (Documents prepared by an atte ney in contemplation of htigation)

Attorney-clent pnvilege (Confidential communications between an attorney and his/her chent)

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

g Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated (A) Disclosure 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 recipents to take action to sceld potential wrongdoing or a violation of NRC requirements from investigators).

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

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

(E) Disclosure would reveal techniques and procedures for law enforcement investigations of prosocutions, or guidehnes that could reasonably be expected to nsk circumvention of the law {

(F) Disciusure could reasonably be expected to endanger the hfe or physical safety of an individual.

OTHER (Specify)

PART 11.8 - DENYING OFFICIALS Pursuant to 10 CFR 9 25(g),9 25(h), and/or 9 65(b) of the U.S. Nuclear Regulatory Commission 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 the denial are those officials identified below as denying officials and the FOlA/PA Officer for any denials that may be appealed to the Executive Director for Operations (EDO).

DENYING OFFICIAL

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TITLE / OFFICE Regional Administrator Region III' RECORDS DENIED

~ ' Appendices U & V~

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James E. Dyer j l

Appeal must be made in wnting within 30 days of receipt of this response. Appe'als r,nould be mailed to the FOI /PrEacy ct Cifficer$

U S. Nuclear Regulatory Commission Washington, DC 20555-0001, for action by the appropriate appellate official (s). You should cierrly state on the envelope and letter that it is a "FOIA/PA Appeal."

NRC VAM 464 Part il (6-1998) PRINTED ON RECYCLED PAPER This form was oenigned using informs

6 4

Re: FOIA/PA-99-076 APPGNDIX S RECORDS AI. READY AVAILABLtilN THE PDR ACCESSION NO. DATE NUMBER DESCRIPTION /(PAGE COUNT)

1. 06/15/94 9406220323 Transmittal letter from W.D. Shafer to Fitzpatrick w/ inspection Rpts. Nos. 50-315/94012, 50-316/94012 (19 pages)
2. 07/06/94 9407130098/ Transmittal letter from J.R. Creed to E.E.

9407130101 Fitzpatrick w/ inspection Rpts. Nos. 50-315/94010,50-316/94010 (13 pages)

3. 10/24/94 9411010102/ Transmittal letter from E.G. Greenman to E.

9411010110 Kraft w/ inspection Rpts. Nos. 50-254/94017, 50-265/94017 (29 pages)

Lo .

  • Re: FOIA/PA-99-076 -

APPENDlX T RECORDS BEING RELEASED IN THEIR ENTIRETY NO. .DATE DESCRIPTION /(PAGE COUNT) -

1. Undated AMS Transmittal Sheet re: Rill-96-A-0090 (1 page)
2. Undated Identification Sheet re: Rill-96-A-0090 (1 page)
3. Undated Allegation Disposition Record re: Rill-96-A-0090 (1 page)
4. Undated Alleger Identification Sheet re: Rill-96-A-0118 (1 page)
5. Undated Alleger identification Sheet re: Rlil-96-A-0157 (1 page)
6. Undated Allegation Summary List re: Rill-96-A-0157 (1 page)
7. 06/20/94 E-maii from D. L. Schrum to J. Belanger, re: Falsification /Firewatch tours, D. C. Cook (1 page)
8. 07/06/94 Me mo from J. L. Belanger to D. Funk re: Potential Falsification of Firewaten Tours at D. C. Cook Plant, Rlll-96-A-0118 (1 page) -

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9. 07/06/94 E-mail from D. L. Schrum to J. Delanger, re: Firewatch Falsification - D. C. Cook, Rifl-96-A-0118 with attachment (2 pages)
10. 08/02/94 Memo from D. E. Funk Jr. to G. Grant re: Falsification of Firewatch Records at D. C. Cook, Rlli-96-A-0118 (1 page)

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11. 08/27/94 Allegation Action Plan re: Rill-96-A-0118 with attachments (3 pages) <
12. 08/25S4 Memo from G. C. Wright to D. E. Funk Jr. re: Falsification of D. C.

Cook Firewatch Records, Rill-96-A-0118 with attached LER 94-00500 and Condition Report 94-0969 (13 pages)-

13. .09/13/94 E-mail from R. K. Walton to R. Defayette, re: Allegation of Document Falsification w/ attached note to R. DeFayette from P.

Hiland, re: Allegation of Document Falsification, Rlll-96-A-0157 (2 pages) j

14. 09/08/94' Faxed to P. Hiland of memo from E. Smith to T. Han, re:

Investigation of Firewatch Falsification of Records, Rlli-96-A-0157 (2 pages)

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.o, Re: FolA/PA-99-076

' APPENDIX T (continued)

RECORDS BEING RELEASED IN THElR ENTIRETY

_ MQ, - DATE DESCRIPTION /(PAGE COUNT)

15. 09/26/94 Allegation Action Plan re: Rill-96-A-0157 (3 pages)
16. 09/27/94 Allegation Management System computer sheet re: Rlll-96-A-0157 (1 page)
17. 11/03/95 Court Report invoice w/ attached transcript of 10/30/95 Predecisional Enforcement Conference (135 pages)
18. 07/10/96 Memo from D. E. Funk Jr. to W. Hutchinson re: Licensee Documentation D. C. Cook, Rlil-96-A-0090 (1 page)
19. 08/30/96 Memo from D. E. Funk Jr. to G. E. Grant re: 01 report of interview D. C. Cook: Alleged falsification of firewatch logs, Rlll-96-A-0090 (1 page)
20. 08/30/96 E-mail from D. L. Schrum re: D. C. Cook Allegation on Bar Code, Rill-96-A-0090 (1 page)
21. 09/09/96 Allegation Action Plan re: Rlll-96-A-0090 (1 page)

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

1. 05/13/96 Condition Report #96-0778, Rlll-96-A-0090 (2 pages) EX. 7C
2. 06/24/96 Allegation Action Plan, Rill-96-A-0090 (5 pages) EX. 7C

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e Re: FOlA/PA-99-076 APPENDIX V RECORDS BEING WITHHELD IN THEIR ENTIRETY NO. DAlg DESCRIPTION #PAGE COUNT)/ EXEMPTIONS

1. Various Allegation File Rlil-92-A-0139 (16 pages) EX. 7A

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December 21,1998 Russel Powell, Chief FOIA-LPDRBranchDivision of Freedom ofInform Office of Ariminication U.S. Nuclear Regulatory Commission Washington,DC 20555

Dear Mr.Powell:

d ursuantto the h tyou make On behalf of Nuclear Information l and Re available copies of all documents in tbc U.S. b Nuclear Regu ato fire of Investigation's (OI) possession, which d"by describe OIon or discuss:

1) [ Case Number 1-96-033] falsification of a surve protection technician atLimerickUnit I and " substan inr;tformer 2/19/97.
2) [ Case Number 2-9 408) b 01on I1/20/96.alleged con l at watches at Browns bry Unit I and" unsubstantiated" y
3) [ Case Number 2-96419) alleged d nd falsification o

_ Sequoyah 2 and " unsubstantiated" by OI I on 01/24/9

4) [CaseNumber 4-97 003]i failure tion to c 5)04/11/97.

[CaseNumber 4-97-027) falsification i cords at ofTherm 6)records

[ Case Numberat Comanche 1-95 012] Peakpotemial Unit I and "we*nn falsificatio Fitzpatrick and deemed " Higher Priority" by

7) [ Case Number 2-93-030)ic prouction concera at B foremanforexpressing fl

" unsubstantiated' by OI on 12/15/94. i against an

8) [ Case Number 3-93 001) h alleged l Science,Inc..

of the OI employment li employee for his refusal to falsify record t

ased to e sound son-nuclear energy polig.

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p 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 . ;_.d 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 Arkaam Nuclear One Unit I and "*ah '=ad-H" by 01 on 05/25/95.

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

13)[ Case Number 4-95 004] alleged discrimination and termination for refusal to falsify work steps (fire protection seals) at Arkansas Nuclear One Unit 1 and determined as a " lack of regulatory requirement" by OI on 02/26/96.

14)[ Case Number 4-95-032] alleged false statements by fire watches to NRC inspectors at Washington 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 " Higher Prioriry" by OI on 01/17/96.

16)[ Case Number 4 95-044] alleged deliberate 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 OI on 01/31/96.

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

" unsubstantiated" by OI on 04/03/96.

'Ihis request covers but is not limited to all draft and final reports, correspondence, memoranda, notes, records of telephone contacts, electronic communications including fax transmissions and Email, or other written records, whether in paper or computer

. files.

Pursuant to this request, please provide all documents 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 you describe the information that is denied, identify the exception to the FOIA on which you rely, and explain how that exception applies to the withheld information.

Pursuant to NRC regulations at 10 CFR 9.41, NIRS requests that any searching and copying fees incurred as n result of this search be walved, 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 pumose of the request is to gather information on the long-tenn reliance of compensatory measures. specifically hourly roving fire watch personnel, for inoperable -

fire barriers currently deployed throughout the nuclear power industry. His infonnation is currently not available in the NitC's Public D~mment Room.

(i

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

NIRS is qualified to make use of the requested infonnation. The staff has demonstrated the ability to accurately interpret infonnation and communicate that tnformation in a form compMrsible to the general public. Members o t ef h NIRS staff have published articles in such national journals as The Proeressive. Nus! car Times. Newsday and Bullarin of Atomk Wa'a NIRS is quoted as a teliable source ofinformation on nuclear safety issues in newspapers across the country, including the New York Times. ne Washinaton Post. and 'Ihc San Francisco Chronicle.

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

3) Nature of the specific activity or research in which the records wil! be ased and NIR$'s qualiscations to utilize the information for the intended use in such a way that it will contribute to public undentending:

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 f safety. NIRS intends to use the information in order to advance these concerns for the - .

public's understanding, health and safety.

4) Likely impact on the public's undentanding of the snbject as compared to

' the level of understanding of the subject prior to disclosaro:

NIRS seeks to translate the requested information into the 1.ig.an's understanding of fire protection issues at nuclear power stations. He added attention will increase the public understanding and further a national debate on fire protection standards.

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

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

Several thousand additional members periodically receive mailings from NIRS.

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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 rSere portings on this issue will be made available.

6) Means of distribution of the requested informatiom NIRS will use its own newsletter publication The N' dear Manitar and our media contacts in both the electronic and print media outlets to provide very broad outreach to the safety conscious public. Additionally, NIRS will post information on its web si*e (www.nitsnet.orn) which receives on average of ?50-300 visitors per day.
7) Whether free access to information will be prov.: led: 1 NIRS will provide the information without charge to all members of the public.  ;

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

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

NIRS has no commercial interest in obtaining 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.

Sin ,

/

PaulGunter, Director .

Reactor Watchdog Project Nuclear Information and Resource Service Cc:

Congressman E(ward Merkey Mr. David Walker, OAO l

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