ML20210G854

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Further Response to FOIA Request for Documents Re Potential Matl False Statement on U-bolt Sample.Forwards App B & C Documents.Documents Also Available in Pdr.App D Documents Withheld (Ref FOIA Exemption 5)
ML20210G854
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 03/07/1986
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Garde B
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20210A760 List:
References
FOIA-85-614 NUDOCS 8604020610
Download: ML20210G854 (7)
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. ... (pop O/6 UNITED STATES 8 o NUCLEAR REGULATORY COMMISSION

e WASHWOTON, D. C. 20555 w- W Ms. Billie Pirner Garde Citizens Clinic Director Government Accountability Project 1555 Connecticut Avenue, NW, Suite 202 IN RESPONSE REFER Washington, DC 20036 TO F01A-85-614

Dear Ms. Garde:

This is in further response to your letter dated August 29, 1985, in which you requested, pursuant to the Freedom of Infonnation Act, all records relevant to the NRC staff's determination of a potential material false statement on U-Bolt sample, BN 85-077, that was issued on ' August 20, 1985, in regard to the Comanche Peak nuclear power plant.

The documents listed on enclosed Appendix B are being placed in the NRC's Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC, in file folder FOIA-85-614 under your name.

The documents listed on enclosed Appendix C are available in other PDR files under the accession numbers indicated beside the document descriptions.

The documents listed on enclosed Appendix D are being withheld from public disclosure pursuant to Exemption 5-of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Commission's regulations because they contain the predecisional advice, opinions, and recomendations of the staff. Release of the withheld documents would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. There are no reasonably segregable portions of the withheld documents, and they are being withheld in their entirety.

Pursuant to 10 CFR 9.9 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 public interest. The persons responsible for the denial of the documents listed on Appendix 0 are the undersigned and Mr. . lames M. Taylor, Director, Office of Inspection and Enforcement. -

8604020610 860307 PDR FOIA GARDE 85-614 PDR

Ms. Billie Pirner Garde -

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This denial 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 FOIA Decision."

Sincerely, 4 w YA vb 7 Donnie H. Grimsley, Director Division of Rules and Records ,

Office of Administration

Enclosures:

As stated i

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GO GOVERNMENT ACCOUNTABluTY PROJECT 1555 Connecticut Awnue, N.W., Suite 202 Washington D.C. 20036 (202)232-8550 August 29, 1985 FREEDOM OF INFORMATION ACT REQUEST FREEDOel OF INFORWATK)N Director- I Office of Administration Nuclear Regulatory Commission

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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, tapos, transcripts, summaries, 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 the Staff's determination of Applicant's potential material false statement on U-Bolt sample (BN 85-077), issued August 20, 1985. Include in the-response any and all OI investigations of the issue.

This request includes all agency records as defined in 10 C.F.R. $9.3a(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. $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 description of the action (s) taken relevant to, generated in connection'with, and/or issued in order to implement the action (s).

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GAP requests.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, i non partican 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 central Texas area concerning the '

construction of the Comanche Peak nuclear power plant.

We are requesting the above information as part of an '

ongoing monitoring project on the ' adequacy of Region IV and 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.

Sincerely, b

Billie Pirner Garde Director, Citizens Clinic

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Re: FOIA-85-614 APPENDIX B

1. 07/23/85 Note from H. Denton to H.' Thompson and V. Noonan (1 page)
2. 04/22/85 Notes on 4/22/85 meeting (2 pages)
3. . 04/30/8 5 Memorandum from W. Paul Chen (ETEC) to V. S. Noonan (NRC),

CPSES - Assessment of Apparent Omissions in Applicant's Motion for Summary Disposition Regarding Cinched Down U-Bolts (6 pages) 4 03/29/85 Note from D. Terao to V. Noonan, Potential Misleading Statement by Applicant Regarding AWS/ASME Weld Design (2 pages) *

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04/03/85 Memorandum from V. Noonan to R. Bosnak, Assistance to Comanche Peak Project w/ attached note V. Stello to W. Dircks dtd 3/27/85

6. 04/05/85 Note from V. Noonan to R. Bosnak (1 page)
7. Undated Viewgraph: Meeting with Applicant on U-Bolt Sample (1 page)
8. 08/06/84 Discussion on Motions for Summary Disposition Filed by

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, Applicant (87 pages) ~

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Re: F0!A-85-614

-APPENDIX C DATE DOCUMENT DESCRIPTION

1. 08/20/85 Board Notification No. 85-077: Staff's Detemination of Applicant's Potential Material False Statement on U-Bolt Sample (Accession f: 8508210260)
2. 11/26/84 Memorandum from V. Noonan to R. DeYoung: Comanche Peak Project Staff request for Office of Inspection and Enforcement advice on potential material false statement made by Applicants (withoutenclosures)

(Accession f: 8412050260)

3. 03/21/85 Memorandum from J. Taylor to V. Noonan: Office of Inspection and Enforcement request for additional information through Office of Investigations *

, (Accession f: 8508220247)

4. 04/04/85 Note from R. Vollmer to D. Eisenhut : Office of Inspection and Enforcement action pending until NRR review of technical issues Accession f: 8508220403)
5. 06/28/85 Memorandum from V. Noonan to J. Taylor: Staff's assessment of significance of Applicant's U-Bolt sample discussed in Applicant's motion for sumary disposition regarding cinched down U-bolts (Accession f: 8508220255)
6. 06/07/85 Memorandum from L. Shao to V. Noonan: Staff's assessment of significance of Applicant'sU-Bolt sample discussed in Applicant's motion for sumary disposition regarding cinched down U-Bolts (Accession f: 8508220262)
7. 06/07/85 Staff's as'sessment of significance of Applicant 's U-Bolt sample discussed in Applicant's motion for summary disposition '

regarding cinched down U-Bolts (Accession f 8508220267)

8. 07/19/85 Memorandum from J. Taylor to V. Noonan: Office of Inspection and Enforcement determination that Applicant has not'made a material false statement (Accession if ~ 8507310381)
9. 01/07/85 Affidavit of Robert C. Iotti and John C. Finneran, Jr.,

Regarding the Licensing Board's December 18,.1984, Memorandum (Accession f: 8501090396)

10. 12/18/84 Memorandum from the Board Reopening Discovery: Misleading Statement

'(Accession f: 8412190262)

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11. 04/16/85 Memorandum from A. Vietti to V. Noonan : Forthcoming Meeting with Texas Utilities (Accessionf: 8504250382)
12. 04/22/85 U-Bolt meeting Attendance (Available in BN 85-053)

(Accession f: 8505100346)

13. 04/22/85 Overview of Presentation Regarding U-Bolt Torque Sample (Available in BN 85-053)

(Accession #: 8505100346)

, 14 . - 03/21/85 Memorandum from J. Taylor to V. Noonan: Possible Material False Statement concerning U-Bolt Supports at CPSES (Accession #: 8508220247)

15. 01/07/85 Motion of Reconsideration of Licensing Board's Memorandum (Reopening Discovery; Misleading Statement) .

. (Accession f: 8501090378)

16. 06/29/84 Letter from W. Horin (TUGCO) to P.-B. Bloch and K. McCollom:

Applicant's Motion for Summary Disposition of CASE's Allegations Regarding Cinching Down of U-Bolts (Accession f: 8407020516)

17. 06/29/84 Applicant's Motion for Summary Disposition of CASE's Allegations Regarding Cinching down of U-Bolts (Accession f: 8407020527)
18. 06/22/84 Affidavit of Robert C. Iotto and John C. Finneran, Jr.,

Regarding Cinching down of U-Bolts (Accession f: 8407020527)-

19. 11/05/84 CASE's Answer to Applicant's Response to Board Request for Information Regarding Cinching Down U-Bolts (Accession f: 8411090299)
20. 11/05/84 CASE's transmittal of Affidavit of CASE's Witness Jack Doyle. ,

(Accession f: 8411090281)

21. 11/05/84 CASE's Answer to Applicant's Response to Board Request for .

Information Regarding Cinching Down U-Bolts (Accession f: 8411090299)

22. 11/09/84 Applicant's Response to Board Request for Raw Data Regarding Cinching Down U-Bolts . -

(Accession #: 8411130719) ,

23. 11/09/84 Affidavit of John C. Finneran, Jr., Regarding'Information Related to Cinching Down of U-Bolts (Accession f: 8411130722)
24. 10/24/85 Memorandum from the Board (Raw Data on U-Bolts)

(Accession f: 8410260090) 9

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25. 10/24/84 Applicant's Response to Board Request for Infonnation Regarding Cinching Down U-Bolts (Accession #: 8411060557)
26. 02/03/84 Applicant's Plan to Respond to Memorandum and Order (Quality Assurance.ofDesign) -

(Accession #: 8402070227)

27. 03/13/84 Supplement to Applicant's Plan to Respond to Memorandum and Order (Quality Assurance for Design)

(Accession f: .8403150032)

! 28. ~1 2/28/83 ASLB Memorandum and Order (Quality Assurance for Design)

(Accession I: 8401260285)

29. 02/08/84 ASLB Memorandum and Order (Reconsideration Concerning Quality Assurance for Design)

,(Accession f: 8402090121) -

30.-- 10/23/84 Applicant's Response to Board Request for Information Regarding l Cinching Down U-Bolts (Accession f: 8410250005)

, .31. 11/19/84 Applicant's Reply to CASE's Motion' Concerning Information i

Regarding Cinching Down U-Bolts (Accession f: 8411270189)

32. . 11/19/84 Affida.vit of John C. Finneran, Jr., Regarding CASE's Motion Concerning Sampling of Cinched Down U-Bolts (Accession f: 8411270196)
33. 03/29/85 Memorandum from D. Terao to V. Noonan : Staff findings on the Discrepancy In U-Bolt Test Results (Accession # 8504090415)
34. 04/22/85 Technical Conference between Texas Utilities and Comanche Peak 4

Project Team, (Available in BN 85-053) '

(Accession f 8505100346) i

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Re: FI0A-85-614 APPENDIX D l

1. Undated notes of E. Haller (4 pages)
2. January 9,1985 - Note to J. Axeirad, IE, from E. Holler, IE,

Subject:

Comanche Peak - Alleged "U" Bolt Material False Statement (1 page)

3. March 21,1985 - Memorandum for W. J. Dircks, EDO, from J. M. Taylor IE,

Subject:

Request for an Investigation by the Office of Investigations (1'page)

4. Undated / Unsigned memorandum to B. Hayes, 01, from W.J. Dircks, EDO,

Subject:

Possible Material False Statement Concerning U-Bolt Supports at Comanche Peak Steam Electric Station (1 page) i m.

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