ML20210P873

Requests That Encl Ofc of Investigations Rept Case 1-85-019, Peach Bottom Atomic Power Station:Alleged Threats to Employees to Prevent Disclosure to NRC, Be Withheld (Ref 10CFR2.790).Application for Withholding Rept Encl

ML20210P873
Person / Time
Site:	Peach Bottom
Issue date:	10/22/1986
From:	Daltroff S PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	Kane W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
Shared Package
ML19292G733	List: ML20210P873 ML20210P985
References
NUDOCS 8702170042
Download: ML20210P873 (4)

Text

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PHILADELPHIA ELECTRIC COMPANY 23O1 MARKET STREET P.O. BOX 8699 PHILADELPHIA. PA.19101 SHIELDS L. DALTROFF stsctnic o uc on October 22, 1986 Mr. William F. Kane Director Division of Reactor Projects Region I U. S. Nuclear Regulatory Commission 631 Park Avenue King of Prussia, PA 19406 In the Matter of rg Philadelphia Electric Company, et al. 67 g (Peach Bottom Atomic Power Station, UiiitT2 and 3  !? O N -

Docket Nos. 50-277 and 50-278 e' e$ l

Dear Mr. Kane:

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By letter dated September 22, 1986, you transmitted to me, a Reporb of f

Investigation concerning alleged threats to employees to prevent discleaur possible overexposure.information to the NRC. That letter stated that In "

accordance with 10 CFR 2.790(a), a copy of the letter and the enclosure would be placed in the NRC public document room unless Region I was notified by telephone within ten days of the date of the letter and submitted an application to withhold information contained therein within 30 days of the date of the letter.

In accordance with the instructions contained in the letter, on October 2,1986, telephone notification of the Company's intent to request withholding of the Report of Investigation was made by Mark J. Wetterhahn of Conner 6 Wetterhahn, counsel for Philadelphia Electric Company. The notification was made to Kathlene Supiot, Supervisor, Files, Mail and Records, U.S. Nuclear Regulatory Commission, Region I.

Philadelphia Electric Company hereby requests that the subject document be withheld from public disclosure. The attachment to this letter demonstrates that, in accordance with 10 CFR 2.790, the Report of Investigation should be withheld.

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,' w UNITED STATES OF-AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

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Philadelphia Electric Company ) Docket Nos. 50-277 et al. ) 50-278

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(Peach Bottom Atomic Power )

Station, Units 2 and 3) )

APPLICATION FOR WITHHOLDING OF REPORT-0F INVESTIGATION FROM PUBLIC DISCLOSURE S. L. DALTROFF, being first duly sworn, deposes and says:

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1. I am Vice President of Philadelphia Electric Company, the Licensee in the captioned proceeding.

2. I am familiar with the Report of Investigation in Case

' Number 1-85-019 concerning alleged threats to employees to E prevent disclosure to the NRC of possible overexposure.

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3. In accordance with the requirements of 10 CFR Section 2.790(b)(1), on behetf of the Licensee, I am requesting that the subject Report of Investigation be withheld from public disclosure in its entirety for the. reasons set forth below.

4. Release of the subject document would, pursuant to 10 CFR 2.790(a)(6), subject individuals to a clearly unwarranted invasion of personal privacy.

5. The individuals who particpated in the investigation '

had a reasonable expectation that the information they provided and identifying information about themselves would not be released publically. While the interviews occurred prior to

.the publication of the NRC's Statement of Policy on Confidentiality (50 Fed. Reg. 48506 (November 25, 1986)), that

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. .' s statement recognizes that interviewees may have privacy considerations which warrant withholding information from public disclosure.

6. The mere appearance of allegations made by individuals during the course of the investigation in an official NRC report, whether or not credible evidence has been presented to support them, could prove severely embarrassing to the individuals against whom the allegation has been made, both in a professional and social context. Once the report is released, there is no way to' undo or mitigate the prejudice done to such individuals. This is particularly true in the small communities near which the Peach Bottom station is located'and in which the involved individuals reside.

7. A number of individuals mentioned throughout the report are health physics technicians and supervisors who are employed on a temporary basis at Peach Bottom and who regularly apply for positions at other nuclear power plants. Public disclosure of the Report of Investigation may cause a perception by these individuals that their ability to obtain employment at other plants may be affected by participation in an NRC investigation. Such a concern is not academic. While the NRC concluded in the Report of Investigation that there was no basis for the allegation, an individual involved in this investigation perceived that his attempts to gain employment at another nuclear facility were affected by his involvement with L

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l the NRC. These perceptions could be compounded if the report were generally released.

8. For the foregoing reasons', the Report of Investigation should be withheld from public disclosure. In the alternative, the names and identifying information related to the interviewees should be deleted prior to its public '.elease.

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subscribed and sworn to adday before me this 2 2 of October, 1986.

U e Notary Public MEDU4tE R. CAMPANELIA Notsfy Public, Philadelphis, Philadelphie Co.

My Commission Expires February 12,1990 1

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