ML20207A878

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FOIA Request for Insp Repts 70-1113/85-12,70-1113/85-14, 70-1113/85-17,70-1113/85-18,70-1113/85-01,70-1113/86-06, 70-1113/86-07,70-1113/86-09,70-1113/86-11,70-1113/86-13. 70-1113/86-15 & 70-1113/86-16 & Info Notices86-022 & 023
ML20207A878
Person / Time
Site: 07001113
Issue date: 09/19/1986
From: Ratner M
RATNER, M.G.
To: Taylor J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
References
FOIA-86-704 IEIN-86-022, IEIN-86-023, IEIN-86-22, IEIN-86-23, NUDOCS 8611110368
Download: ML20207A878 (3)


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Law orriCEs MOZART G. RATNER, e c.

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SulTE 350 MOZART G. RATNER WA S HI NGTO N, 0. C. 2 OOl 5

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AREA CODE 202 362-4060

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September 19, 1986 INFORMATION REQUEST Immediate Attention Requested FREEDOM OF INFORMATION Mr. James M. Taylor, Director h {ACT REQUgSTf g Office of Incpection and Enforcement U.S. Nuclear Regulatory Commission Washington, D. C.

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Re: General Electric Company (Wilmington, ggg North Carolina Facility), DD-86-ll

Dear Mr. Taylor:

For your information, contrary to the statement in the Notice issued August 29, 1986, accompanying DD-86-ll, the Partial Director's Decision referred to in that Notice is, as of September 17, 1986, still not "available for public inspection" in the Public Document Room.

Further, contrary to the implication in the Partial Director's Decision, page 7, that the undersigned's request for all future relevant inspection reports was honored by Mr.

Collins, that was true only with respect to inspection reports listed at page 8, footnote 6, from 82-18 through 85-02.

None of the nine listed inspection reports numbered after 85-02 was furnished to the undersigned; 85-04 was discovered by examination of the files in the PDR.

Moreover, some of the reports listed in footnote 6 as addressing "NRC's review of the allegations raised in the petition" are not to be found in the PDR as of the undersigned's latest inspection of the files in 70-1113 on September 17, 1986.

Both under NRC's version of FOIA and in my capacity as counsel for petitioner in the pending 2.206 litigation and in the related DOL litigation, I request that you furnish me immediately a full and unexpurgated copy of each of the below specified inspection reports, all responses thereto, if any, and all' replies to responses, including specifically 85-12, and the supplemental report thereon referred to in Stohr's letter 'to Lees, dated 9-05-85; 85-14; 85-17; and also 85-18, as well as 85-01, albeit the latter two are not listed in footnote 6.

None of the above referenced reports are in the PDR, but I must examine all of them to determine whether they 36ftl10368 960H9 PbR Fot A RWINE R 80' 904

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N Mr. James M. Taylor, Director Septemer 19, 1986 Page 2 are relevant to matters discussed in the partial decision or Appendix A thereto.

Attached hereto as an Appendix is a memo from Mr. Jones to Mr. Shoemaker concerning placemen'c of 85-12 in the PDR.

In addition, under the same authority and for the same reason, I request that you furnish me at once the following inspection reports and notices of violation (if any), all responses thereto and all replies to responses, which are not on file in the PDR:

36-06, 86-07, 86-09 (and attachment to GE's response thereto, dated July 1, 1986), 86-11, 86-13, 86-15, and 86-16.

In addition, please furnish to me IE Information Notice Nos. 86-22 and 86-23, " Underexposure of Radiation Survey Instrument to High Radiation Fields and Excessive Skin Exposure Due to Contamination with Hot Particles," distributed to GE April 29, 1986, which are also not on file in the PDR.

If you do not have adequate authority to comply with these requests, please furnish a copy of this letter to all persons in NRC who collectively do have such authority, and obtain their acquiescence and consent to your compliance with this request at the earliest opportunity, to facilitate my evaluation of your partial decision.

Very truly yours, g'

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Mozart G. Ratner cc:

James Lieberman, Esq.

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'i MEMORANDUM FOR:

Edward C. ' Shomaker, Attorney jr/ d5 8S Operations and Adrainistration Division, ELD Brad'iey h ones,1 'Z3 0 P Regional Counsel FROM:

SUBJECT:

PROPRIET6RY. REVIEW 0 INSPECTION REPORT 70-1113/85-12 InspectionRepoIt 70-1113/85-12 documents a special inspection conducted at the General Electric facility in Wilmington, NC on June 15, 1984.

Information documented therein is germane to issues raised in the 62.206 Petition.

The inspection report was initially withheld from public disclosure pursuant to 10 CFR 2.790(d).

As an initial step toward placing this inspection report in the Public Document Roorr, Region II identified the words which rendered the report withholdable under S2.790(d).

The Division of Safeguards, ONMSS, agreed with this determination.

Prior to placement of this report in the PDR, the licensee should be given the opportunity to review its contents for proprietary information [10 CFR 2.790(b)].

You indicated to E. J. McAlpine of this office that you would coordinate that review with the licensee.

A copy of the report with $2.790(d) information removed is enclosed.

/ga4g d }"

Bradley W. Jones

Enclosure:

Inspection Report 70-1113/85-12 cc w/ encl:

John Collins, OIE Jim Lieberman, ELD

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