ML20206H495
| ML20206H495 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 04/13/1987 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Garde B GOVERNMENT ACCOUNTABILITY PROJECT |
| Shared Package | |
| ML20206H499 | List: |
| References | |
| FOIA-85-213 NUDOCS 8704150374 | |
| Download: ML20206H495 (5) | |
Text
- -
U.S. NUCLEAR REoULATORY COMMISSCN NxC Foia s.coutst huverms F01A-85-213
./.
WESPuN$tTYPE f#
I RESPONSE TO FREEDOM OF I **
I XI "
'%,e.ee /
INFORMATION ACT (FOlA) REQUEST g }g g s
00Cnfi NuMetR451in m eami e
ItOUISTta Ms. Billie P. Garde PART 1.-RECORDS RELEASED OR NOT LOCATED (See checked bonest No agency records subrect to the request have been located.
No additonal agency records subrect to the request have been located.
Agency records subject to the request that are identded in Appendix.
are already available for public inspection and copying in the NRC Public Document Room, 1717 H Street. N.W., Washmgton, DC.
E are being made available for public inspection and copymg in the NRC Public Document Agency records sub ect to the request that are identifed in Appendix l
Room,1717 H Street, N.W., Washmgton, DC, m a folder under this FOIA number and requester name.
The nonpropreta<y version of the proposalts) that you agreed to accept in a telephone conversation with a member of my staff is now bemg made available for public inspection and coying at the NRC Public Document Room,1717 H Street, N W., Washington, DC in a folder under the FOIA number and requester name.
Enclosed e information on how you may obtain access to and the charges for copying records placed m the NRC Public Document Room,1717 H Street N.W., Washmgton, DC.
Agency records subrect to the request are enclosed. Any applicable charge for copies of the records provided and payment procedures are noted in the comments section.
Records subrect to the request have been referred to another Federal agency 6es) for revew and direct response to you.
In view of NRC's response to the request, no further action is being taken on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being withheld from public disclosure pursuant to the FOIA enemptions desenbod in and for the reasons stated in Part II, sec-tens 8 C. and D. Any released portions of the dccuments for which only part of the record is being withheld are being made available for public inspection and Copying in y
the N:;C Public Document Room,1717 H Street. N.W., Washmgton, DC. in a folder under this FOIA number and requester name.
Comments Additional records subject to this request are currently undergoing review for releasability determination. As soon as that determination has been made we s
will communicate with you.
8704150374 870413 r
PDR FOIA GARDE 85-213 PDR Sir AT
- t. D' RECTOR, 4 ION 05 E ANDRtCORDS L b
/ /M 3 /2 M
NRC FORM 484 iPen n
't 866
-~
~
F;EEDOM CF INFC.MATION ACT RESPONSE FOIA NUMBEMSI F01A-85-213 DATE,.,, ___
PAAT 11 B-APPLICA*;LE Fila ExEMPTliNS NR &8 W I
Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under FOIA Esemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.5(a) of NRC Regulations.
- 1. The wthheld mformaton is property class fed pursuant to Executive Order 12256 (EXEMPTION 11
- 2. The wthheld information relates solely to the internal personned rules and procedures of NRC. IEXEMPTION 2)
- 3. The wthheld information is specifically enempted from public disclosure by statute indicated: (EXEMPTION 3)
Secten 141145 of the Atomic Energy Act which prohibits the disclosure of Restncted Data or Formerly Restncted Data 142 U.S.C. 2161-2165L Secten 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).
- 4. The wthheld information is a trade secret or commercial or financial informat on that is being withheid for the reason (s) indicated: (EXEMPTION 4)
The informaton is considered to be confidential business (propnetaryl informaten.
The informaton is considered to be propnetary information pursuant to 10 CFR 2.790(dli1L The mformation was submitted and receeved m confidence from a foreign source pursuant to 10 CFR 2.790td:12).
5 The wthheld information.onsists c.f interagency or mtraagency records that are not avadable through discosery dunng htigaten. Declosure of predecisenalinformaten would tend to inhibit the open and trank exchange of ideas essential to the deliberative process. Where records are wthheld in their entrety, the facts are mentncably mtertwined with the predecisenal mformaten. There also are no reasonably segregable factual portions because the release of the facts would permit en mdirect mouiry mto the predecmional process of the egency. (EXEMPTION 51 l
- 6. The wthheld eformanon is enempted from pubisc disclosure because sts disclosure would result in a clearfy unwarranted invasion of personal pnvecy (EXEMPTION 61 XX a
l
- 7. The wthhold information consists of investigatory records compiled for law enforcement purposes and is bemg wthheld for the reasonist mdicated. (EXEMPTION 7)
]
Disclosure wou d mterfere wth an enforcement proceeding because it could reveal the scope, directen, and focus of enforcement efforts. and thus could a
possibly allow them to take action to shield potential wrongdomg or a volaton of NRC requvements from mvestigators. (EXEMPTION 71All i
Disclosure would constitute an unwarran:s invasen of personal pnvacy (EXEMPTION 7tC))
The informaton consists of names of mdividuals and other mformaten the disclosure of which would reveal identities of confidental sources. tEXEMPTION 7401)
PART 11 C-DENY'NG OFFICIALS Pursuant to 10 CFR 9 9 and 'or 915 of the U S. Nuclear Regulatory Commission regulatons. it has been determined that the mformaton withheld is enempt from producten or disclosure, and that its production or disclosure e contrary to the publec interest. The persons responsible for the denial are those officials identifed below as denymg officials and me Director, Division of Rules and Records. Ottico of Administration, for any denials that may be appealed to the Enocueve Director for Operatens stooi DENYsNG OFFICIAL TITLE / OF FICE RECORDS CENIED APPELLATE OFFICIAL Director, 0 Investigations D-1 through D-8 B:n B. Hayes XX I
PART 18 D-APPEAL RIGHTS The denim by each denying official identified in Part ll.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commission, U.S. Nuclear Re that it is an " Appeal from an initial FOlA Decision.gulatory Commission, Washington, DC 20565, and should clearly state on the envelope and in thej mac Fone aos apet at U.S. NUCLEAR REGULATORY COMMISSION cas FOIA RESPONSE CONTINUATION
GOVERNMENT ACCOUNTABILITY PROJECT 1555 Connecticut Avenue, N.W., Suite 202 Washington D.C. 20036 (202)2324550 March 25, 1985 Freedom of Information Act Request FREEDOM OF INFORMAllON Director Office of Administration ACT REQUEST U.S. Nuclear Regulatory Commission
@p g y 3 Washington, D.C.
20555 To Whom It May Concern:
Q8d 3[2 k
Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C.
Section 552, the Government Accountability Project (GAP) requests copics of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, inter-view reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, tele-phone messages, computations, voice recordings, computer runoffs, any other data compilations, interim and/or final reports, status reports, and any and all other records relevant to and/or gener-ated in connection with the Brookhavan National Laboratory (BNL) investigation of the allegations of Mr. E. Earl Kent, and all drafts, materials, etc., developed by Brookhaven." This request includes all correspondence (of any type) between BNL and the Bechtel Corporation, Consumers Power Company, Southern California Edison, and any representatives or staff members of the profes-sional sociatics (i.e., AWS, ASME, ANSI, etc.).
This request includes all agency records as defined in 10 C.F.R.
Section 3.3a(b) and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved October 8, 1900) whether they currently exist in the NRC official, " working", investigative or other files, or at any other location, including private residences.
If any records are defined in 10 C.F.R. Section 9.3a(b) and the NRC Manual, supra, and covered by this request have been destroyed and/or removed after this request, please provide all surrounding records, including but not limited to a list of all records which have been or are destroyed and/or removed, a des-cription of the action (s) taken relevant to, generated in connec-tion with, and/or issued in order to implement the action (s).
j GAP requests that fees be waived, because " finding the infor-mation can be considered as primarily benefitting the general pub-lic," 5 U.S.C.
552 (A) (4) ( A).
GAP is a non-profit, nonpartisan 1
i s'
(f(061L3h&f7=f7er i
e...
Freedom of Information Request March 25, 1985 Page Two public interest organization concerned with honest and open government.
Through public outreach, the Project promotes whistleblowers as agents of government accountability.
Through its Citizens Clinic, GAP offers assistance to local public interest and citizens groups seeking to ensure the health and safety of their communities.
The Citizens Clinic is currently assisting several citizens groups, local governments and intervenors in the mid-Michigan area concerning the construction of the Midland plant.
We are requesting the above information as part of an ongoing monitoring project on the adequacy of the NRC's efforts to protect public safety and health at nuclear power plants.
For any documents or any portions that you deny due to a specific FOIA exemption, please provide an index itemizing and describing the documents or portions of documents withheld.
The index should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is role-vant to the document or portion of the document withheld.
This index is required under Vaughn v. Rosen (I), 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974).
We look forward to your response to this request within ten days.
%W Billie Pirner Garde Citizens Clinic Director
RE: F01A-85-213
... ~.
APPENDIX D RECORDSWITHHELDINTHEIRENTIRETY-(6) 1.
Undated Resume (1 page) 2.
March 5, 1982 Memorandum for Region III Files from James E. Foster, Re:
Information Developed, Allegations re Welding at Midland (2 pages) 3.
March 5, 1982 Memorandum for Region III Files from James E. Foster, Re: Allegations re Welding at Midland (3 pages) 4.
March 6,1982 Resume (10 pages) 5.
March 8, 1982 Bechtel Power Corp. Inter-office memo, Re: Midland Project Units 1 & 2, Summary of Activities on Midland Site, with attachments (including Oral Examination Records, Performance Demonstration Record, Welding Heat Treatmer.c and NDE, Reference Criteria, Training Record, QC and Basic Reading Requirements records (17 pages) 6.
March 9, 1982 Bechtel Memorandum, Re:
Certification records (1 page; 7.
March 12, 1982 Bechtel Power Corp. Inter-office Memo, Re: Action taken to determine if a generic welding inspection problem j
exists, with attached list and nonconformance reports (7pages) 8.
March 22, 1982 Memorandum for Region III files from James E. Foster, Re:
Contact re Welding at Midland, Docket No. 50-329 (2pages) 1
RE: F01A-85-213 1
APPENDIX E RECORDS BEING PLACED IN THE PDR 1.
Undated Affidavit,liandwritten and unsigned (5 pages) 2.
January 1,1976 Diagram of Prequalified IGMAW and FCAW Welded Joints (1 page) 3.
March 1982 Bechtel Quality Control Instruction sheets (17 pages)
I 4.
Various 1982 Bechtel Quality Control Inspection Record sheets (3 pages) 5.
March 24, 1982 Letter to Consumers Power Co. from C. E. Norelius, NRC, re:
Routine Safety Inspection conducted on March 2-4, 1982 (2 pages), with attached Inspection Report (dated l
March 10, 1982) (6 pages) 6.
May 12, 1982 Letter to James Foster, NRC, from Barbara Stamiris, i
re: Welding allegations at the Midland plant (3 pages) l 7.
July 16, 1982 Affidavit of E. Earl Kent (12 pages) 8.
August 11, 1982 Routine and Transmittal Slip to five named individuals from James E. Foster, re: Visit to Region III office by t
E. Earl Kent (1 page) i 9.
August 12, 1982 NRC Allegation Data Form, re: Alleged improper termina-tion of QC Inspector (1 page) 10.
September 14,1982 Routine and Transmittal Slip to two named individuals from James E. Foster, re:
Recent letter from GAP (1 page),
with attached GAP letter to James Keppler (dated September 6,1982)(5 pages) and its original four attachments (27pages)
- 11. October 12,1982 Letter to GAP from James Keppler, re: September 6,1982 letter to the NRC (3 pages) with attached anti-discrimination posting (1 page)
- 12. October 13, 1982 EarlKent'sInterview(5pages) 13.
February 10, 1983 Transcript of program regarding lie detectors, re:
Earl Kent / Defective Welds at Nuclear Power Plant (5 pages)
- 14. June 20, 1983 Letter to the Commissioners from GAP, re:
Earl Kent i
(27pages) 15.
September 7, 1983 Statement of James E. Foster to Charles H. Weil, re:
J Memos generated with Earl Kent (1 page) i i
E-2 l
16.
September 14, 1983 Report of Inquiry, re: Midland Nuclear Power Plant Allegation of Improper Welding and Termination of Quality Control Inspector's Employment (2 pages) 17.
Various 1983, Investigation Status Record sheets (5 pages) 1984, and 1985 l
18.
February 20, 1985 Memo for E. T. Pawlik from Charles H. Weil, re:
Employment discrimination by Bechtel at Midland with handwritten note at bottom of page (1 page) i 5
b l
6 e
4 l
t l
1 1
. -