ML20209E687
| ML20209E687 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 04/28/1987 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| To: | Voigt H LEBOEUF, LAMB, LEIBY & MACRAE |
| Shared Package | |
| ML20209E692 | List: |
| References | |
| FOIA-86-682 NUDOCS 8704300098 | |
| Download: ML20209E687 (4) | |
Text
U.S. CUCLEAR REEULATORY CIMMISSl!N Cc ro*a uoutst Nuvatasi F~0L4 - 9% - 61L
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RESPONSE TO FREED 2M CF
'5 INFORMATION ACT (FOIA) REQUEST g c ee*
bpR t8 mer DOCKET NUMBig Si ur emwmiP' REQUESTER SW
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P/RT d-RECORDSMELEASED OR NOT LOCATED (See checked bonesi No agency records subject to the request have been lo:sted.
No additenal agency records subsect to the request han been located.
Agency records subsect to the request that are idents ed h Appendia are already available for public inspecten and copying in the NRC P@lic Document Room, 1717 H Street, N.W., Washmoton, DC.
Agency records subrect to the request that are identifed in Appendia are bemg made available for publec inspecten and copying in the NRC Public Document
. Room,1717 H Street, N W., Washmgton, DC, in e forder under the FOIA number and requester name.
r The nonproprietary version of the proposans) that you greed to accept m a telephone conversation with a member of my staff is now being made avaiable for public inspecten and coving at the NRC Public Document Room, 171714 Street, N W., Washmgton, OC. in a folder under this FOIA number and requester name.
Enclosed is informaton on how you may obtain access to and the charges for copying records placed in the NRC Pubhc Document Room,1717 H Street, N W., Washington, DC.
Agency records subject to the request are enclosed. Any applicable charge for copes of the records provided and payment procedures are noted in the mmrrents section.
Records subrect to the request have been referred to another Federal agency (ies) for review and direct response to you.
In vow of NRC's response to thes request so further action is being taken on appeal letter dated PART lt.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain informaron in the requested records is being withheld from public disclosure pursuant to the FOIA exemptions described in and for the reasons stated in Part 11, sec-tions 8, C, and D. Any released portens of the documents for which only part of the record is being withheld are being made available for public inspecbon and copying in the NRC Public Document Room,1717 H Street, N.W., Washington, DC, in a folder under this FOIA number and requester name.
Omanents l
SIGNp'TU ~ DIRECTOR, Of S OF.
'ANDR CORDS
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87043 0098 '870428" PDR FOIA s
VOIGT86-682 PDR s
NRC FORM 484 iPert it t}ssi
r FREEDOM OF INFORMATION ACT C ESPONSE FOiA NUMDERIS).
h,, = [, M DATE. &PR 2 $ 1QR7 PA,T tt 0- APPLICABLE FOIA EXEM'PTIO NS Records sublett to the request that are described in the enclosed Appendices h
eri being withhel1in their entirety or in part under FOtA Exerhptions and for the reasons set forth below pursuant to S U.S.C. 552tb) and 10 CFR 9.Stal of NRC Regulations.
- 1. The wthheld enformaben a property clasadied pursuant to Enocutive Order 12356 (EXEMPTION 11
- 2. The wthheid mformason relates sole #y to the mtemal personnel rules and procedures of NRC. (EXEMPTION 26
- 3. The wthheld informaton is specifcally esempted from public disclosure by statute mdecated: (EXEMPTION 31 Secten 141145 of the Atome Energv Act whch prohibits the dsclosure of Restncted Data'or Formetty Restnc'ed Data 142 U.S.C. 2161-2165).
Secten 147 of the Atomic Energy Act which prohibits the desclosure of Unclassified Safeguards information (42 U.S.C. 2167).
- 4. The wthneld informacon is a trade secret or commercial or fmancel mformaton that is bemg withheld for t1e reason (s) indicated. EXEMPTION 41 The irdormaton is considered to be con 6dential business foroonetaryl mformaton.
The informaten is considered to be propretary mformaton pursuant to 10 CFR 2.730(dl(1).
The irformaten was submitted av received in confidence frcm a foreign source pursuant to 10 CFR 2.790fdH21.
- 5. The wrtht eld information conss.s of inte agency or antraagency records that are not availab8e through discovery dunng htigaton. Declosure of predecssonal informaten would terd to inhibit the open and frank enchange of ideas essential to the debberative process. Where records are wthheld in their entirety, the facts are ineutricably intertwine $ wth the credecisional mformaten. There also are no reasonably segregable factual portens because the release of the facts would permit an Y
moirect wquiry mto the predecisenal process of the agency IEXEMPTION 58
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- 6. The wthheld mformadon is exempted from public disclosure because its disclosure would result in a cleady unwananted invasion of personal privacy. (EXEMPTION 61
- 7. The wthheld informaton consists of investigatory records comoded for law enforcement purposes and 4 be ng wthheld for the reason (s) indicated. (EXEMPTION 71 Disclosure would eterfere wth an enforcement proceedmg because it could reveal the scope directen, and focus of enforcement efforts and thus could possibly allow them to take acton to sneekt potantial wrongdoing or a violation of NRC requirements from mvestigators. (EXEMPTION 7(AH Disclosu e would constdute an unwarranted evason of personal privacy (EXEMPTION 7(CH r
The enformaten consists of Mmes of edwfusis and other informaton the disclosure of which would reveal ideatrees of confidental sources. (EXEMPTION 7tDH PART li C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and or 915 of the U S. N clear Regulatory Commas.on regulatens. it has been determmed that the Wdormaton wthheld a enempt from production or disclosure.
and that its producten or dsciosure e contrary. the public interest. The persons responsible for the denial are those officais identif'ed below as denying officials and the Director, Dmsson of Rules and Reccrds. Office of Admi..atration, for any denials trat tray be appealed to the Execunve Director for Operations iEcon DENYING OFFICIAL TITLEiOFFICE,
RECORDS DENIED APPELLATE OFFICIAL sld/
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i PART II D-APPEAL RIGHTS The denial by each denying official identified in Part II.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in wnting 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
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the Secretary of the Cemrni sion, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an "Apo*al from an Initial FOIA Decision."
nac Fonu aos trert 21 U.S. NUCLEAR REGULATORY COMMISSION rossi FOIA RESPONSE CONTINUATION
Re:
FOIA-74 - 4 ff.
APPENDIX _d._
RECORDS MAINTAINED IN THE PDR UNDER THE AB0VE REQUEST N'JMBER NUMBER DATE DESCRIPTION y
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F0IA-FZ - 4 #2 APPENDIX _d_
RECORDS TOTALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION W
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LEBOEUF, LAMB, LElBY & MAC RAE a paaraces. iactuoino Paorcssional coneonarious 13 33 N EW H AM PS HIR E AVENUc, N. W.
WASHINGTON, DC 20036 rzoa) 4s7 7soo TcLex 44ca74 rACsimiLc moz.4 s 7 -7sie C A LT L A R C C a f f. U T 3OUTHPoE*.CT CALClGH, N C A g g A N,, g y E.AN FR ANCISCO, CA NEWAAs. NJ L COCUF. L AM B. L EIB Y & Macr AE (UM)
C DI S C *.. N J LON DON. ENGla N D September 12, 1986 Director, Office of Administration StEEDOM OF IN. FORMATION U.S.
Nuclear Regulatory Commission 6CT REQUEST Washington, D.C.
20555
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[2 ~ [Pk Re:
Freedom of Information Act Request U
Dear Sir:
Attached hereto is a memorandum to the Commissioners from Ben B.
Hayes, Director, Office of Investigations, dated April 11, 1986.
This document states that a copy of the Report of Investigation of Individual Operator Actions Concerning the Falsification of Leak Rate Test Data (1-84-022) was forwarded to the Department of Justice for possible action regarding certain operators who were the subject of that report.
Pursuant to the Freedom of Information Act, 5 U.S.C.
S 552 (1982) and 10 C.F.R.
S 9.8 (1986), I hereby request copies of:
1) correspondence, memoranda, or other documents to or trom the Department of Justice and the Nuclear Regulatory Commission relating to this referral to the Department of Justice; and 2) all telephone logs, memoranda, notes or other documents reflecting conversations between the Department of Justice and the Nuclear Regulatory Commission regaraing the same.
I agree to pay up to $50 for copies of these materials.
If the charges exceed that amount, please contact Marlene Stein at 457-7500 to receive authorization for additional amounts.
Very truly yours, jfl u)
Attachment
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UNITED ST ATEs
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NUCLEAR REGULATORY COMMISSION E
WASHINGTON, D. C. 20555 e
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April 11, 1986 MEMORANDUM FOR:
Chairman Palladinn Comissioner Roberts Comissioner Asselstine Commissioner ~Bernthal Comissione; N9 wf. W& -
FROM:
Ben
- Hayes, irector Office of Investigations.
SUBJECT:
THREE MILE ISLAND NUCLEAR GENERATING STATION, UNIT 2:
INVESTIGATION OF INDIVIDUAL OPERATOR ACTIONS CONCERNING THE FALSIFICATION OF LEAK RATE TEST DATA (1-84-022)
Enclosed is a Report of Investigation concerning the captioned subject. At l
the Comission's direction, the staff reviewed all available material and i
information concerning the falsification of Reactor Coolant System (RCS) laak rate test data at THI-2. Based on that review, OI was requested to conduct an i
investigation of ten individuals who hold or held NRC Reactor Operator or Senior Reactor Operator licenses at NRC licensed facilities to aid in deter-mining whether licensing action should be taken regarding these individuals.
In keeping with the Comission's directive, this investigation did not delve into issues of corporate and management responsibility, in that those issues were adjudicated and considered resolved as a result of the action taken by the Department of Justice. As such, this investigation was structured to address the narrow issue concernf the involvement of individually licensed l
operators in the manipulation of e RCS leak rate tests. To properly under-i stand the background and history o. this subject, it is recomended that this-1 Report be reviewed in conjunction with 01 Case No. 1-83-010, which was issued on August 15, 1984.
The investigating agent has concluded that Booher, Cooper, Congdon, and Olson were involved in the intentional manipulation of test results. This headquar-ters is in complete agreement with the agent's conclusions regarding these individuals. With respect to Miller, however, the investigating agent felt that there was insufficient direct evidence to prove that Miller was aware of or involved in the manipulation of leak rate tests. The agent's conclusion notwithstanding, a review of the testimony anc documentary evidence by head-quarters indicates a compelling weight of evidence to support a conclusion that Miller was at least aware of the manipulation of test results taking place on his shift, if not actually involved in them in a supervisory capacity.
While there is some evidence indicating that Illjes, Faust, Frederick, McGovern, 7 N' and Guthrie were involved in test irregularities or took actions which a
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i The Commission 2
April 11, 1986 invalidated test results, there is insufficient evidence for the case agent or l
this headquarters to reach a conclusion as to their involvement in the intentional manipulation of tests.
In addition to the issue of actual manipulation of leak rate tests, there were reasonable grounds to believe that Booher, Cooper, Olson, Miller, and Illjes made willful material false statements during the NRC investigation.
It is, therefore, our intention to provide a copy of this Report to the Department of Justice for prosecutive consideration relative to Title 18 USC 1001 and Section 223(a) of the Atomic Energy Act.
In conjunction with this investigation, the staff prepared detailed evaluation I
reports and recommendations for these individuals based on the investigative l
[r findings. The staff's conclusions are consistent with those of 01.
l Neither this memorandum nor Report may be released outside the NRC without the permission of the Director. 01.
Enclosure:
As stated cc w/ encl:
L'Y. Stello, Jr. E00 (3)
C. White, 01:RI T. Murley, RI l
O W
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