ML20207F183
| ML20207F183 | |
| Person / Time | |
|---|---|
| Issue date: | 07/14/1986 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Garde B GOVERNMENT ACCOUNTABILITY PROJECT |
| Shared Package | |
| ML20207F189 | List: |
| References | |
| FOIA-86-35, FOIA-86-A-39 NUDOCS 8607220490 | |
| Download: ML20207F183 (3) | |
Text
.
TBR-oA
[
h UNITED STATES 8
- ^
NUCLEAR REGULATORY COMMISSION n
g y
WASHINGTON, D. C. 20555
\\...../
Ms. Billie Pirner Garde, Director Environmental Whistleblower Clinic JUL 141986 Government Accountability Project 1555 Connecticut Avenue, N.W., Suite 202 IN RESPONSE REFER Washington, DC 20036 TO F0IA-86-A-39 (F0lA-86-35)
Dear Ms. Garde:
This responds to your letter of March 19, 1986, in which you appeal the denial of records responsive to your Freedom of Information Act request dated January 14, 1986. Because the investigation referred to in Mr. Grimsley's letter of March 5,1986 has ended, we are no longer asserting Exemption 7(A) for the documents denied.
Your appeal of the denial of documents 1 through 12 on Appendix B to Mr. Grimsley's March 5,1986 letter, is being addressed by the Commission.
Because of your agreement with Theresa Hajost of the Office of the General Counsel that you were not interested in the identities of the two NRC employees which were the subjects of the investigations, the first three pages of document 15, and documents 13, 14, and 16 are being released to you with that type of information deleted. Also document 18 is being released in its entirety.
These are enclosed.
For your information, the cost to the Government noted in the two proposed notices of suspension was incorrect. The cost to the Government hsed on actual billing rates was less than $500 per each employee. Both employees were informed of these costs in a memorandum dated February 13, 1986, which confirmed settlement agreements.
The attachment to document 15 is a transcript consisting of nine pages.
It is a transcript of an oral presentation by one employee who was the subject of an investigation and proposed disciplinary action.
Document 17 is a letter from an attorney representing the other employee who was the subject of an investigation and proposed disciplinary action.
The transcript and the letter contain personal information, much of it factual in nature. Any release of the information would result in disclosing the identity of the two employees. Therefore, in accordance with your agreement with Ms. Hajcst, I am not providing you a copy of those two records.
Sincerely,
/
victor Stello FJr.
Executive Director for Operations
Enclosures:
As stated 8607220490 860714 PDR FOIA OARDE86-A-39 PDR
.<.s
.... ~
.m.....~~~
..m
,,su... sms.:mm m<,...
~.e...s.:.
.m.......
m m.... s.:...cm. ;.....n c...
(
(
F01A-86-35 Appendix A 1.
Announcement regarding telephone usage dated September 6, 1984.
i i
l J
t i
i
..~.~<. ;. w a..,--
- - ~... _
-..,_,s,.
.ss~su s.,
.,.- ss-a
- s..s o
(
(
F01A-86-35 Appendix B 1.
NRC FTS Query Report as of August 5,1985.
2.
NRC FTS Query Report as of August 6,1985.
3.
NRC FTS Query Report as of August 22, 1985.
4.
NRC FTS Query Report as of August 27, 1985.
5.
NRC FTS Query Report as of August 29, 1985.
6.
NRC FTS Query Report as of July 11, 1985.
7.
NRC FTS Query Report as of September 11, 1985.
8.
AMA Recorded Message Report, June 20, 1985.
9.
AMA Recorded Message Report, April 18, 1985.
I
- 10. Schedule of FTS telephone calls placed from NRC telephone number from July 1984 to February 1985 (handwritten).
- 11. OIA Report dated October 31, 1985.
- 12. OIA Report dated October 31, 1985.
- 13. Notice of Proposed Action dated November 25, 1985.
- 14. Notice of Proposed Action dated November 25, 1985.
- 15. Oral Response Transcript dated December 4,1985.
- 16. ' Delegation of Authority dated November 22, 1985.
- 17. Letter from Attorney December 10, 1985.
- 18. Memorandum from W. Dircks to OIA dated November 27, 1985.
...,.,,s,._~.
...,. ~,.. ~
..s
,. esw
.~.ss.~. ~.- -.:.~.~..~..
..,,~.,s--,......,..
(
(
o,,
UNITED STATES 8
NUCLEAR REGULATORY COMMISSION o
y wAsmucrow. o. c. 20sss MAR 5 1986
+
Billie Pirner Garde, Director Environmental Whistleblower Clinic Government Accountability Project 1555 Connecticut Avenue, NW, Suite 202 IN RESPONSE REFER Washington, DC 20036 TO F01A-86-35
Dear Ms. Garde:
This responds to your letter dated January 14, 1986, in which you request records related to and/or generated in connection with US NRC Announcement No.
110, " Proper Use and Control of Telephone Services," November 5,1985, and all telephone logs available to the agency relevant to the development of the announcement.
The record identified on Appendix A is enclosed.
As a result of reports made through the GA0 Fraud Hotline regarding abuse of the use of government telephones, NRC management decided it would be appro-priate to remind agency employees of the legal guidelines for using government telephones. Reports of abuse by two employees are currently under investiga-tion.
The records collected or generated in connection with these investiga-tions are listed on Appendix B and are being withheld from public disclosure pursuant to Exemption 7(A) of the Freedom of Information Act (5 U.S.C.
552(b)(7)(A)) and 10 CFR 9.5(a)(7)(i) of the Commission's regulations because disclosure would interfere with an ongoing enforcement proceeding. Also these records are being withheld from public disclosure pursuant to Exemption (6) and 7(C) of the Freedom of Information Act (5 U.S.C. 552(b)(6) and 7(C) and 10 CFR 9.5(a)(6) and 7(iii) of the Commission's regulations because their release would constitute a clearly unwarranted invasion of personal privacy.
Pursuant to 10 CFR 9.9 and 9.15 of the Commission's 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 publi~c interest. The persons responsible for the denial of documents 11 through 18 on Appendix B are the undersigned and Mrs. Patricia G. Norry, Directo', Office of r
Administration. The person responsible for the denial of documents 1 through 10 on Appendix B-is Mr. Gary J. Edles, Acting Director, Office of Inspector and Auditor.
n f,.~T
-O' I.,,
i
.........,,.... ~.... ~. ~,. ~.. ~ > ~... ~... ~.. -.. -.
. -. -. ~... ~
(~
C_
Ms. Garde The denials by Mrs. Norry and myself may be appealed to the Executive Director for Operations within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision." The denials by Mr. Edles may be appealed within 30 days to the Secretary of the Comission and should be addressed to the Secretary of the Commission.
Sincerely, M 7
~~
Donnie H. Grimsley, Director Division of Rules and Records Office of Administration
Enclosures:
As stated
~.
g Government Accountability Project 1555 Connecticut Avenue. N.W.. Suite 202 Washington. D.C. 20036 - (202) 232-8550 Ilillie Garde Dwector. Environmental Whistleblower Qinic January 14, 1986 FREEDOM OF INFORMATION ACT REQUEST FREEDOM OF INFORM AT!ON Director ACT REQUCT office of Administration gyg g.g Nuclear Regulatory Commission h 8d f - f 7 -p[gp Washington, D.C.
20555 To Whom It May Concern:
Pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C.
552, the Government Accountability Project
(" GAP")
requests copies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcript', summaries, s
interview reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, telephone 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 generated in connection with US NRC Announcement No. 110, " Proper Use and Control of Telephone Services," November 5, 1985.
This request is intended to include copies of all the telephone logs available to the agency.
This request includes all agency records as defined in 10 C.F.R. 59.3a(b) and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved October 8, 1980) whether they currently exist in the NRC official, " working", investigative or other files, or at any other location, including private residences.
If any records as defined in 10 C.F.R. I9.3a(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 description of the action (s) taken relevant to, generated in connection with, and/or issued in order to implement the action (s).
k-c
.,+
+
s-
.: ~~
(
. GAP requects that fees be waived, because ' finding the information can be considered as primarily benefitting the general public," 5 U.S.C. $552(a)(4)(a).
GAP is a non-profit, non-partisan 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.
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 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 relevant 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.
5 Sincerely, 1
W twc Billie Pirner Garde Director Environmental Whistleblower Clinic 1