ML20211B591

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Responds to FOIA Request for Documents on Allegations Made by F Peguese Re Const Defects & Poor QA for Facility. Documents Completely Withheld (Ref FOIA Exemption 7)
ML20211B591
Person / Time
Site: Harris Duke Energy icon.png
Issue date: 10/09/1986
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Murphy S
NUCLEAR INFORMATION & RESOURCE SERVICE
References
FOIA-85-358, FOIA-86-167, FOIA-86-167 86109, FOIA-86-A-45 NUDOCS 8610170283
Download: ML20211B591 (2)


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00y Q Ms. Stephanie Murphy Nuclear Information and Resource Service IN RESPONSE REFER 1616 P Street, NW, Suite 160 TO F01A-86-167 AND Washington, DC 20036 86-A-45(85-358)

Dear Ms. Murphy:

This is in response to your letter dated March 11, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), records generated since F0IA-85-358 or records not addressed in NRC's response to F01A-85-358 which contain (1) allegations made by Frank Peguese regarding construction defects, improper procedures, poor quality assurance or other complaints against the Shearon Harris nuclear plant and (2) instances or allegetions of water leakage and other specified subjects regarding the Shearon Harris site. This letter also responds to your March 25, 1986 letter appealing the NRC's response of February 14, 1986, to your organization's previous request (F01A-85-358) on these same matters.

For your information, inasmuch as F01A-85-358 specifies technical matters, it was interpreted as a request regarding technical issues.

Upon recefpt of,

F01A-86-167, we again contacted technical staff offices and were informed that they have no records not already located in the NRC's Public Document Room and identified in NRC's response to F01A-85-358. As a result of the connents in your letter dated March 25, 1986 (86-A-45) that, "the NRC licensing board Called for an investigation into these allegations," we reviewed the records identified at numbers 19 and 20 on Appendix A of our February 14, 1986, response letter for F01A-85-358 and note that a letter from Mr. Peguese was forwarded to the Office of Investigations (01) for inclusion in 01's investigation of harassment at the Shearon Harris plant.

Documents maintained by 01 are being withheld in their entirety pursuant to Exemption (7)(A) of the F0IA (5 U.S.C. 552(b)(7)(A)) and 10 CFR 9.5(a)(7)(1) of the Conmission's regulations because disclosure of the information would interfere with an ongoing enforcement proceeding.

Release of this information could allow those being investigated to learn the scope, direction, and focus of investigatory efforts, and thus could possibly allow them to take action to shield potential wrongdoing or a violation of NRC requirements from investigators.

8610170203 861009 URPH A-45 PDR

.o Ms. Murphy Pursuant to 10 CFR 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 public interest. The person responsible for this denial is Mr. Ben B. Hayes, Director, Office of Investigations.

This denial may be appealed to the Secretary of the Commission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Commission, 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."

If you have any questions regarding this response, please telephone Linda Robinson at 492-8133.

Sincerely, hr+<L Y / "f*/

Donnie H. Grimsley, Director Division of Rules and Records.

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RB 14 Y Ms. Nina Bell Nuclear Information and Resource Service 1616 P Street, NW, Suite 160 IN RESPONSE REFER Washington, DC 20036 TO F01A-85-358

Dear Ms. Bell:

This is in response to your letter dated May 7,1985, in which you requested, pursuant to the Freedom of Information Act (F0IA), all documents related to (1) Allegations made by Frank Peguese regarding construction defects, improper procedures, poor quality assurance or other complaints about the Shearon Harris plant; and (2) Instances or allegations of water leaking into the containment, cracking and/or lack of integrity in the basemat, floors, foundations, walls, entrances, penetrations or other parts of the Shearon Harris containment building, equipment storage

. warehouse, waste processing building, fuel handling building, auxiliary building, turbine building, and diesel generator building.

The documents listed on the enclosed Appendix A and the released portions of the documents liste' on Appendix B are being placed in the NRC Public d

t Document Room (PDR) located at 1717 H Street, NW, Washington, DC, where they will be filed in folder F01A-85-358 under your name.

Portions of the documents identified on the enclosed Appendix B have been deleted in order to withhold the names, home addresses, home telephone numbers, and identifying information of confidential sources and other individuals. This information is being withheld from public disclosure pursuant to Exemptions (6), (7)(C), and (7)(D) of the F0IA (5 U.S.C.

552(b)(6), (7)(C), and (7)(D)) and 10 CFR 9.5(a)(6), (7)(iii), and (7)(iv) of the Commission's regulations.

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 l

that its production or disclosure is contrary to the public interest. The l

persons responsible for the denial of documents one through ten on Appendix B l

are the undersigned and Dr. J. Nelson Grace, Regional Administrator, Region II, l

Atlanta.

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,p Ms. Nina Bell,

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 F0IA Decision."

This completes action on your request.

Sincerely, M

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Donnie H. Grimsley, Director Division of Rules and Records Office of Administration I

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Enclosures:

As stated l

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F01A-85-358 f

4 APPENDIX A

1. ' Undated-Cover Sheet for. Investigative Material - Case No. 20046 -

Facility: Harris.

(1 pages)

't 1 -

10/23/78 ' Memo for Files from Robert D. Bradley re:

SUMMARY

OF ACTIVITIES 2.

CONDUCTED SEPTEMBER 12 THROUGH OCTOBER 2, 1978, PERTAINING TO ALLEGATIONS AFFECTING THE SHEAR 0N HARRIS NUCLEAR POWER' PLANT.

(2 pages) 3.

10/25/78 Inspection Report No.: 50-400/78-05,50-401/78-05,50-402/78-05, 50-403/78-05; Facility: Shearon' Harris Units 1, 2, 3, and 4.

(12pages) 4.

10/26/78 Chronological Record of Inquiry or Investigation -

Subject:

ALLEGED CONSTRUCTION DEFICIENCIES - SHEARON HARRIS w/ attached letter to J. Al Jones from Charles E. Murphy re: INSPECTION CONDUCTED BY R. D. BRADLEY ON SEPTEMBER 19-22, 1978.

(3 pages) i 5.

Undated Cover Sheet for Investigative Material - Case No. 2F029 -

Facility: Harris -

Subject:

IMPROPER WELDING OF REBAR/

CONTAINMENT BUILDING.

(1 page).

6.

07/01/81 Memorandum to Case File re: EIS Action on the Event that the A11eger Does Not Provide Written Information as Previously Agreed Upon. (1 page) 7.

07/30/81 Memo for A. F. Gibson from J. C. Howell re: SHEARON HARRIS NUCLEAR PLANT:

IMPROPER CADWELDS (REFERENCE CASE 2F029) l w/ attached Statement of Concern. -(2 pages) 1 8.

08/05/81 Letter to J. A. Jones from R. C. Lewis re: REPORT NOS.

50-400/81-14, 50-401/81-14, 50-402/81-14, and 50-403/81-14 w/ attached Appendix A, Notice of Violation.

(8 pages) 9.

11/06/81 Memorandum to Case File re: The Anonymous Allegation of Improper Cadwelds had been Adequately Addressed by Both the Resident Inspector and an ETI Inspector.

(1 page)

10. 06/23/81 Case Chronology - File Number 2F029 - Opened By: Howell.

(1page)

11. Undated Cover Sheet - Investigative Material - Case No. 2F035 -

Facility: Harris -

Subject:

USE OF IMPROPER CONSTRUCTION MATERIALS AND PRACTICES.

(1 page)

12. 08/13/81 Memorandum to Case File re: Statement of Concerns re: Shearon Harris. (1page)
13. 08/17/81 Memo for T. Conlon from J. Y. Vorse re: IMPROPER CONSTRUCTION MATERIALS AND PRACTICES, SHEAR 0N HARRIS (REFERENCE CASE 2F035).

(1page)

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Re:

F01A-85-358 APPENDIX A

14. 08/17/81 Memorandum to Case File - File No. 2F035 re: ALLEGER PROVIDING INFORMATION IN SUBSTANCE REGARDING CONCERN #1.

(1page)

15. 10/27/81 Letter to J. A. Jones from R. C. Lewis re: Report Nos.

50-400/81-18, 50 401/81-18, 50-402/81-18, and 50-403/81-18 w/ attachments (1) Appendix A, Notice of Violation; (2)

Inspection Report Nos. 50-400/81-18, 50-401/81-18, 50-402/81-18 and 50-403/81-18.

(18 pages)

16. 12/07/81 Memorandum to Case File re: Case Completed - Recommend Closing.

(1 page)

17. 12/07/81 Case Chronology - File Number 2F035.

(1page)

  • 18. 12/12/84 Report from I&E - R. F. Heishman, Inspection Report No.

50-400/84-41 (100 pages), Accession No. 8501080572 PDR/ADOCK/

50-400Q

  • 19. 05/13/85 Memorandum and Order (13 pages), Accession No. 8503150399.
  • 20. 05/13/85 Memorandum for the Director of OI (5 pages), Accession No.

8503150406

  • THE-DOCUMENTS WITH ACCESSION NUMBERS CAN BE LOCATED AT THE PUBLIC DOCUMENT ROOM (PDR) LOCATED AT 1717 H~ STREET, NW, WASHINGTON, DC 20555

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Re: F01A-85-358

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4 APPENDIX B 1.

09/12/78 Phone Call Record.of H. Dance Annast (2 pages) 2.

09/16/78 Summary of Investigation-Related Conversation (1 page) 3.

09/19/78 Summary of Investigation-Related Conversation (2 pages) 4.

09/21/78 Letter to-(deleted) from M.V. Annast (1-page) 5.

10/02/78-Letter to (deleted) from Michael-V. Annast (2 pages) 6.

06/22/81 Memorandum to Case File (2 pages) 7.

07/27/81 Memorandum to Case File (3 pages) 8.

07/29/81 Memorandum to Case File (4 pages) 9.

08/12/81 Letter to (deleted) from' James Y. Vorse (4 pages) 10.

12/07/81 Letter to (deleted) from James Y. Vorse (1 page) 9

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