ML20211C602

Further Response to FOIA Request for 841006 Affidavit of C Van Vo or Van Vo Davies Concerning Insp Repts 50-400/84-43 & 84-45.App a Documents Available in Pdr.Portions of App B Documents Withheld (Ref FOIA Exemptions 6 & 7)

ML20211C602
Person / Time
Site:	Harris
Issue date:	10/06/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Guild R GUILD, R.
Shared Package
ML20211C607	List: ML20211C602 ML20211C622
References
FOIA-85-173 NUDOCS 8610210443
Download: ML20211C602 (4)

See also: IR 05000400/1984043

Text

1. pg q UNITED STATES

a(DFo(6

8 *

7, ,

NUCLEAR REGULATORY COMMISSION

p  :, E

WASHINGTON, D. C. 20555

\ ***** /

OCT e8 m

Docket No. 50-400

Robert Guild

Attorney at Law

21351 Devine Street IN RESPONSE REFER

Columbia, SC 29205 TO F01A-85-173

Dear Mr. Guild:

This is in further response to your letter dated March 12, 1985, in which you

requested, pursuant to the Freedom of Information Act (F0IA), a copy of any

and all records regarding the October 6,1984, affidavit of Chan Van Vo, also

known as Van Vo Davis; the concerns expressed in that affidavit by Chan Van

Vo; and.the NRC's action, response to and investigation of those concerns and

the content of that affidavit, including all documents regarding these subjects

which are the basis for Inspection Reports 50-400/84-43 dated December 14, 1984,

and 84-45 dated January 11, 1985, on the Shearon Harris plant.

The additional record listed on the enclosed Appendix A (continued) as item

158 is available in the NRC Public Document Room (PDR), 1717 H Street, NW,

Washington, DC 20555, for public inspection and copying under accession

number 8503150399.

Portions of the records 12 through 14 listed on the enclosed Appendix B

(continued) are being placed in the PDR. The records will be filed in PDR

folder FOIA-85-173 under your name. The released portions of these records

are also being placed in the NRC Local Public Document Room (LPDR) for Shearon

,

Harris, which is located at the Richard B. Harrison Library,1313 New Bern

l Avenue, Raleigh, North Carolina 27610. You may telephone Mrs. JoAnn Stephens,

!

Reference Librarian, at 919-755-6097 for additional information concerning

i availability of the records at the LPDR.

Portions of record 12 contain information on employee counseling, promotion,

and performance letters. Also, portions of records 12 through 14 contain

individual names and the home address and social security number of an

individual. Because disclosure of this information would constitute a clearly

unwarranted invasion of personal privacy, it is being withheld from public

disclosure pursuant to Exemption (6) of the F0IA (5 U.S.C. 552(b)(6)) and

10 CFR 9.5(a)(6) of the Commission's regulations.

Portions of record 14 are investigatory informatior, compiled for law enforce-

ment purposes and are being withheld from public disclosure pursuant to

Exemptions (7)(C) and (7)(D) of the F0IA (5 U.S.C. 552(b)(7)(C) and (7)(D))

and 10 CFR 9.5(a)(7)(iii) and (7)(iv) of the Commission's regulations, because

disclosure would constitute an unwarranted invasion of personal privacy and

identify confidential sources.

8610210443 861006

PDR FOIA

, GUILD 95-173 PDR

._ _ _ _ _ _ _ _ _ .

a

.

Mr. Guild -2-

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 Connission within 30 days

from the receipt of this letter. Any such appeal ~must be in writing, addressed

to the Secretary cf 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 F01A Decision."

This completes action on your request.

Sincerely,

/ N Mk

Donnie H. Grimsley, Director

Division of Rules and Records

Office of Administration

Enclosures: As stated

l

t

i

- - ,. . . - -

i

l

I

-'

l

.

RE: F01A-85-173

)

I

Appendix A (continued)

• 158 .3/13/85 Memo to the Director of 01 from Kelly (2 pages)

Attachment to the Memorandum and Order ruling on

contentions conerning diesel generators, drug use and

harassment at the Harris site. Accession No.-8503150399

.

i

!

,

h

i

i

!

r

.. -- . --. . . - ,.... . . . - . -

.

.

RE: F01A-85-173

Appendix B (continued)

12. 11/1/84 Collection of documents provided by Chan Van Vo

to NRC at 11/1/84, interview (172 pages)

13. 11/14/84 Letter to Chan Van Vo from Robinson forwarding

copy of transcript of 11/4/84, interview (1 page)

14. Undated Investigator's notes (89 pages)

I

u

8

- - - . - , , , - - - - . , . - _ - , , - - . - - - - . - , . . - . - _ - - - . - . , , . - - * - - - -

(,

.

ROBERT GUILD {

A eso:~tus aw

2135 Devine Street

COLUMBI A. SOUTH CAROUN A 29205

TELEPMcNE 803254-8132

March 12, 1985

Director, Office of Administration

U.S. Nuclear Regulatory Commission

Washington, DC 20555 FREEDOM OF INFORMATION

ACT REQUEST

Freedom of Information Act Request

Fon4r n3

Dear Sir or Madam:

This is a request under the Freedom of Information Act as amended, 5

U.S.C. 552 and the Commission's regulations, 10 C.F.R. Part 9.

I hereby request a copy of any and all records in your agency's possession -

or subject to its control regarding the October 6, 1984 Affidavit of Chan Van

Vo, also known as Van Vo Davis, the concerns expressed in that Affidavit by Chan

Van Vo, and your agency's action, response to and investigation of those concerns

and the content of that Affidavit, including, but not limited to any and all

documents regarding these subjects which are the basis for Inspection F.eports

50-400/84-43, dated 12/14/84 and 84-45, dated 1/11/85.

The FOIA also provides that if only a portion of a file or record is

exempt from release, the remainder must be released. I therefore request that I be

provided with all non-exempt portions which are reasonably segregable. I, of

course, reserve my right to appeal the witholding or deletien of any information.

I am prepared to pay reasonable costs for locating the requested documents

and reproducing them. The Act does provide, however, that you must reduce or

waive fees under certain circumstances. The information sought here will

primarily benefit the public since it relates to concerns regarding the safety

of construction of the Shearon Harris Nuclear Power Plant, and is sought for

use in the pending operating license proceeding for this facility by citizen

ir. tem nors who have raised claims regarding Chan Van Vo's concerns. I therefore,

ask you to waive any fees.

If you have any questions regarding this request please telephone me at the

above number.

As provided in the Act and your Regulations, I will expect to receive a

reply within ten working days.

S c re] y

900 N Robert Guild