ML20211F845

Partial Response to FOIA Request.Forwards Document Listed on App.Document Partially Withheld (Ref FOIA Exemption 6)

ML20211F845
Person / Time
Issue date:	10/24/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Hollar D CAROLINA POWER & LIGHT CO.
References
FOIA-86-720 NUDOCS 8610310275
Download: ML20211F845 (3)

Text

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Carolina Power & Light Company POST OFFICE BOX 1551 Raleigh. North Carolina 27602 tEGAL DEPARTMENT October 2, 1986 Writeri Direct Dial Number (919) 836 R161 Telecopier (919) 836-7678 FREEDOM OF INFORMATION Director CT REQUEST Office of Administration gy U. S. Nuclear Regulatory Commission Washington, D. C.

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Attention: Joseph Felton, FOIA Branch Re: Freedom of Information Act Request Sirs:

I hereby request, pursuant to the Freedom of Information Act, 5 U.S.C.

Sec. 552 g seq., copies of all documents related in any way to any complaint, charge or allegations brought to the attention of the Nuclear Regulatory Commission by John J. McWeeney concerning the Shearon Harris Nuclear Power Plant, and copies of all documents related in any way to the NRC's investigation of Mr. McWeeney's complaint, charge or allegations. The requested documents include, but are not limited to:

1) all statements, summaries of statements and transcripts of statements made by Mr. McWeeney or any other person;

2) all documents provided to the NRC by Mr. McWeeney or any other person;

3) all reports prepared by or on behalf of the NRC.

If you refuse to release any particular document, please identify the document in question and specifically state the reason why you decline to release it.

If any documents responsive to this request become available subsequent to your response, I request that you supplement your response by providing those documents when they are available.

Please copy all documents responsive to this request and mail them to me by first-class mail at the above address. We will reimburse you for all reasonable expenses incurred in connection with copying and mailing these documents.

Please feel free to contact me if you have any questions.

Very truly yours, h-Dale E. Hollar DEH:ew Associate General Counsel (r

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INFORMATION ACT (FOIA) REQUEST gg4 e...

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"M;. bde E. L\\ w kk% 2 Lu Id L PART d-RECCROS RELEASED OR NOT LOCATED ($gj enecaea coness No agency records sutHect to the request have been located.

No additenal agency records subrect to the request have bee't located.

Agency records subst a.o the request that are identified an Appendia are already aveelable for public iruoecten and copvmg a the NRC Public Document Roorn 1717 H Street. N.W., Weshegion. OC.

Agency records subrect to the roovest that are identified m Appendia are being made avastable for pubhc inspecten and copymg in the NRC Pubhc Documeat Roorn.1717 H Street. N.W., Washington. OC. m a folder under this FOIA number and reauester name.

The nonpropnetary ve' son of the proposal (si that you agreed to accept in a tesophone conversaten vnth a member of my staff a now being made evadable for public inspect on and coymg at the NRC Public Document Room.1717 H Street. N W.. Washegton, DC, in a fonder under the FOIA number and requester name.

Enclosed e informaten on how you may obtain access to and the charges for copying records placed in the NRC Public Document Room.1717 H Street. N W.. Washmgton DC Agency records oubrect to the recuest are enclosed. Any applicabee charge for copies of the recoros omveed and payment procedures are noted m the comments secten Records subrect to the reques' have been referred to another Federsi agency 6es) for review and direct response to you.

In view of NRC's response to the request, no further accon a beng taken on appeal letter dated PART lt.A-tNFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain mformston m the requested records e bemg withheed from pubisc declosure pursuant to the FOIA ouemptons desenbod in and for the reasons stated e Part II, sec-tone 8. C. and D. Any re6 eased portone of the documents for which only part of the record a boog withheld are being made avadable for pubhc mspecten and copvmg m the NRC Public Document Room,1717 H Street. N W., Washegton. DC. in a folder under the FOiA number end requester name.

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FREEDOM CF INFERMATION ACT RESPONSE FOIA NUMBEAIS' PART ll.B-APPLICABLE FOI A EXEMPTIONS i

Aecorcs subiect to the reouest that are described in the enclosed Accendices are being withheld in their entirety or in cart unce* FOI A Emerections and for the reascns set fortn be ow pursuant to 5 U.S.C. 552 bl and to CFR 9 5.at cf NRC Regutat'ons 1 The witnheid eformation is proceriv classAe3 pu suaat to Esecuove Order 12356 : EXEMPTION 1:

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!2. The etweefd eforeraSon se stes so'eiv to tee internas cersorrel ru es anc procecures o' NRC 'EXEYPT:CN 22 s

I i 3 The withheid eformation is specificany esempted from pubhc disclosure by statute edicatec iEXEMPTION 31 i

Secten 141 145of the Atomic Energy Act which prohituts the disclosure of Resintted Data or Formerty Res:ncted Data 142 U.S.C. 2161-21651.

Secten 147 of the Atomic Energy Act which proh@ts the disclosure of Unclassifed Safeguares information 142 U S.C. 2167).

4 The mthheld mformation is a trade secret or commercial or financial informaton that is bemg withheld for the reason (s) indicated: (EXEMPTION di The mformation rs considered to be confcennat business apropnetary) mformation.

I The eformaton e consce ed to be propr'etary mformation pursuant to 10 CFR 2.790idil1L The mformaton was suomitted and received m conficence from a fore <gn source pursuert to 10 CFR 2.790td)(2).

5. The mehheid informaton consists of eteragency or mtraagency records that are not availao6e through discovery dunna litigsten. Osciosure of prececisional m'or~aten would tend to inhibit the open and frana exchange of ideas essantial to the cobberstrve process. Where records are wthheld m their entirety. the facts are unentrtcam intertened mth the predecisonal eformaten. There also are no reasonab8v segregable factual portons because the reiease of the facts would permit an mairect mouiry mto the preoecisenei process of the agency. (EXEMPTION 58

6. The wthheid mformation e enempted from public disclosure because rts disclosure would result m. clearty unwarranted invason of personal pnvecy. (EXEMPTION 61

7. The mthheld eformanon consists of investigatory records compiied for law enforcement purposes and is bemg withheid for the reason (s) indicated. IEXEMPTION 74 l Disclosure would eterfere mth an enforcement proceeding because it could reveal the scope direction and focus of enforcement efforts. and thus could j possey allow them to tame accon to shield potential wrongdomg or a votation of NRC requirements from evesagators. (EXEMPTION 7(AH i

i Disclosure would constitute an unwarranted invasion of personal onvecy IEXEMPTION 7(C)I I

E The eformation consists of names of edeviduais and other information the disclosure of which would reveal identities of confident.al sources. tEXEMPTIC PART 11 C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and/or 9.15 of the U.S. Nuclear Regulatory Commissen regulatons. it has been determmed that the mformation withheid is enempt from product on or oeosure.

and that na producten or disclosure is contrary to the puelic eterest. The persons responsible for the cenial are those officiais identifed below as conveg officiais and the Director.

Orveen of Rules and Records. Office of Aommistraten, for any esnials that may be appealed to the Enocutive Director for OperatensiEcon.

DENYING OFFICAL TITLE;O(FICE 1

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PART 11 D-APPE AL RIGHTS The denial by each denying officialidentified in Part II.C may be appealed to the Arpellate 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 Executnre Director for Operations or to the Secretary of the Commission. U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearty state on the envelope and in the letter that it is an " Appeal from an initial FOIA Decision."

hmC FORM ese (Pert 21 U.S. NUCLEAR REGULATORY COMMISSION cao FOIA RESPONSE CONTINUATION

Re: FOIA-86-720 F0IA-86-735 APPENDIX B DATE DOCUMENT DESCRIPTION Letter from B. Uryc to J. McWeeney regarding Case RII-86-A-0218 -

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08/21/86 Termination for Reporting Safety Concerns (3 pages) l l

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SUBJECT:

RII-86-A-0218 - TERMINATION FOR REPORTING SAFETY CONCERNS This refers to your letter dated August 14, 1986, which provided additional information relative to your concerns.

I have revised the Statement of Concerns to include those additional coments. A copy of the revision is enclosed for your information, however, as before, if the enclosure does not accurately reflect your concerns,pleasecontactmecollectat(404)331-4193.

l Your cooperation and assistance in this matter is appreciated.

Sincerely, l

l Bruno Uryc l

RegionalAllegationToordinator Enforcement and Investigation

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Coordination Staff

Enclosure:

Statement of Concerns (Revision 1) krA-%-72o RIIA-1L-73C

- W Certified Mail No. P 142 897 489 y,, + &

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Statement of Concerns AUG 8 I IIE (Revisicn 1)

RII-86-A-218 2860218001:

Termination of employment was due to raising concerns relative to engineering calculations perfomed on electrical cable tray supports.

2860218002:

Some supports installed may not be adequate for their intended purpose.

2860218003:

There is a generic problem with supports at the plant. Work Package EN 26627T-A4, support 627T, generic detail G on drawing 2168-G-251 S01 is an example of the common problem.

2860218004:

There is a tension member below a plationn beam and there is a requirement for a maximum clearance of 1 inch eccentricity.

In reality, the member is 71 inches off center. This can be.

located in Work Plan EN 2367-A-3, cable tray support no. 67' on elevation 236.

5-2860218005:

There is a brace on a cable tray support which has an angle changed with no original calculations and when this was questioned the reply was that the calculation would be redundant.

This infomation can be found in Work Plan EN 26242, support 242 on elevation 262.

l 2860218006:

The Civil Engineering Section at the Harris Plant was encouraged and coerced to use simple statements such as

" acceptable by engineering judgement" or " considered adequate by engineering judgement" to substantiate justification of inspection report deficiencies on numerous occasions.

Some of the deficiencies were of such simple nature that minimal l

research and no additional calculations were necessary to justify approval.

On the other hand, many of the deficien-l cies were of a complexity requiring additional investigation l

and revised calculations to detemine the approval or disapproval of the existing condition, and this required work

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was not perfonned due to coercive pressures by supervisors to l

approve by engineering judgement.

The proper use of engineering judgement was actually rejected for a distorted version which produced deficiency approvals more abundantly.

The unreasonable compulsion of supervision to produce a high level of inspection deficiency approvals caused a lower level l

of plant safety.

2860218007:

On two occasions, by two separate supervisors, instructions were received to stop reading material on the " required l

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2 AUG S 1 1986 reading list" in order to produce work said to be "more important." The required reading was never accomplished and on the last two days before termination of employment, (a11eger) was harassed and cajoled to initial the list as having been read. A11eger was not allowed to finish the last day of employment and was escorted off the site by two supervisors.

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