ML20212K117

Partial Response to FOIA Request for Documents Re Investigation H-83-002.App N Documents Available in Pdr.App O & P Documents Withheld (Ref FOIA Exemption 5)

ML20212K117
Person / Time
Issue date:	01/21/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Zuras B HOBERG, FINGER, BROWN, COX & MOLLIGAN
References
FOIA-85-700 NUDOCS 8701280515
Download: ML20212K117 (6)

Text

c-U.S. NUCLEAR RE!ULATORY COMMISSlHN Nuc FotA IEoutsi NuvsE;.cs

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INFORMATION ACT (FOlA) REQUEST

JAN 21 1967 ese..

DOCKEY NuM8ERisi ut appacebes

EQUESTE2 MC, 8+M'8ARi?

2t<A M PART 1.-RECORDS RELEASED OR NOT LOCATED (See checked bozest No agency records sub ect to the request have been located.

t No additone' agency records subject to the request have been located.

Agency records subject to the request that are identsfed in Appendia M

X are already available for public inspecten and copying in the NRC Pubhc Document Roorn, 1717 H Street, N.W., Washington, OC.

Agency records subrect to the request that are identifed wi Appendia are being made available for pubhc ir'specto1 and copying in the NRC Public Document Room,1717 H Street, N.W., Washington, DC, in a folder under this FOIA number and requester name.

The nonpropnetary version of the proposalts) that you agreed r.o accept in a telephone conversaten with a member of my staff a now being made avalable for public inspecta and coying at the N9C Public Document Room,1717 H Street, N.W., Washington, DC, in a folder under the FOIA number and requester name.

Enclosed is informaton on how you may obtain access to and the charges for copying records placed in the NRC Pubhc Document Room 1717 H Street, N.W., Washington, DC.

[ Agency records subsect to the request are enclosed. Any applicable charge for copes of the records provided and payment procedures are noted in the comments section.

K Records subject to the request have been referred to another Federal agencybest for review and direct respor se to you in vow of NRC's response to this request, no further action is being taken on appealletter dated PART 11 A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certan informaton in the requested fecords e being withheld from publec declosure pursuant to the FOIA exemptinns desenbod in and for the reasons stated in Part il, sec-t:ons 6. C, and D. Any released portons of the documents for which only part of the record a being withheld are being made available for public inspecten and copying in the NRC Pubhc Document Room,1717 H Street, N W., Washington, DC, in a foldet under this FOIA number and requester name.

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4 FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBDitSI: PN

- h-M DATEM h k PAR; 1 B-APPLICABLE FOIA EXEMPTIONS Records sub ect to the request that are descnbed in the enclosed Appendices are being withheld in their entirety or in part under FOI A i

Exemptions and for the reasons set forth below pursuant to 5 U S.C. 5521b) and 10 CFR 9 Sia) of NRC Regulations.

1. The wthheld information a property classsfied pursuant to Executive Order 12356 IEXEMPTION 11

2. The withheld information relates solely to the intemal personnel rules and procedures of NRC (EXEMPTION 21 3 The wthheld information is specdically exempted from public disclosure by statute mdicated (EXEMPTION 3)

Secten 141145 of the Atomic Energy Act which prohibits the disclosure of Restncted Data or Formerly Restricted Data 442 U S C. 21612165L Secten 147 of the Atomec Energy Act which prohibits the disclosure of Unclassified Safeguards inforrnaten (42 U S C. 2167L

4. The wthheld information is a trade secret or commercial or fmancial information that is being withheld for the reasontsi indicated iEXEMPTION 4)

The information is conside ed to be confidential bus. ness tproprietary) information The mformation is consioe'ed to be proprietary mformaton pursuant to 10 CFR 2 790idil11.

The mformaton was subm't ed and received in confidence from a foreign sou ce pursuant to 10 CFR 2 790id:121.

r Disclosu e of piedecis.cral mformation 5 The withheld er formation cors.s s of m'e agencv or mtraagency records that a e not awanable through d.scowery du ing litigatior-r r

would tend to mbibit the open and frank enchange of ideas essential to the dehberative process. Where records are withheld in their entirety. the facts are mentncabh X

intertweed wth the gredecisonal informaton There also are no reasonably seg egabie factual portons beause the release of the facts would permit an indirect mouiry mto t e predects.onal process of the agency iExEMPTION 5 6 The wthheld information o esempted from public d:sclosure because its disclosu e would result m a clearty unwarranted invason of personal privacy iEXEMPTION 61 r

7. The wthmend informaton consists of investigatory records compiled for law enforcement pu poses and is beir'g withheid for the reason (sl indicated. (E.XEMPTION 7) r l Disclosure would mterfere wth an enforcement proceed ng because it could reveal the scope. direct on. and focus of enforcement eMorts and thus could possibiv allow them to tame action to srneid potential wrongdoing or a violat on of NRC requirements from investigators iEAEMPTION 7l An Dsclosure would constitute a7 unwarranted invasion of personal ornacy iEs EMPTION 74C0 The enformation consists of names of individuals and other mformat on the disclosure of *hech would eveal eoentities of confident.at sou ces (EXEMPTION 7600 r

PART 11 C-DENYING OFFICI ALS Pu suant to 1G CFR 9 9 and or 915 of the U S Nuclear Regulatory Commission regulatons. it has been determired that the mformation ut*hetd is esempt from production or disclosu e.

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and that its production or declosure is contra') to the pubhc interest. The persons responsible for the denial are those officiais identified below as denying officials and the Director.

Division of Rules and Records. Oftce c' Adrest ation 'or aay deniais that may te appealed to the Executive Director for Operateras iECOi DENYING OFFICIAL TITLE OFFICE RECORDS DEN;ED APPELLATE OF FICIAL M(fC7% #fAC6 ##

SECRETARY EoO

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$)~W 8. bWsf 5WES7mnymtzt PART 11 D-APPEAL RIGHTS The denial by each denying official identified in Part II.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in writing Ond must be made within 30 days of receipt of this response. Appeals rnust be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearfy state on the envelope and in the letter th,st it is an "Aapeal from an Initial FOIA Decision."

b#bf - 8Y ~28 DATFJAN Pe 1198i FEEEDOM CF INFORMATION ACT RESPONSE FOIA NUMBEKISI:

PART ll.8-APPLICAVLE FOIA EXEMPTIONS Records subject to the request that are descrrhed in the enclosed Appendict.s are being withheld in their entirety or in part under FOIA Exemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.5(a) of NRC Regulations.

1. The evithheld informaten a property classited pursuant to Esecutrve Order 12356 tEXEMPTION II l

2. The wthheld informaten relates scaly to the interrai personnel rules and procedures of NRC. IEXEMPTION 2)

3. The wthheld information a specrhcally esempted from public disclosure by statute indicated: (EXEMPTION 31 Secten 141145 of the Atorruc Energy Act which prohibits the disclosure of Restricted Dats'or Formerly Restricted Data (42 U.S C. 21612165).

Secten 147 of the Atomic Er ergy Act which prohibits the disclosure of Unclassified Safeguards Information (42 U S.C. 2167).

4. The wthheld informaten is a trade secret or comrnercial or feriancial information that 85 be.ng withheld for the reasorWsl indicated: IEXEMPTION 4)

The informaton a considered to be confidential business (propnetary) informaton The mformation is considered to be proprietary informaton pursuant to 10 CFR 2.790ldHIL The informaton was submitted and ~eceived m confidence from a foreign source pursuant to 10 CFR 2.7904d:(2L 5 The withheld informaton corsists of mieragency or ir+traagency records that are not a.anable through discovery during htigation Dsclosure of predecsional informaton would tend to inhitst the open and frank enchange of ideas essent6ai to the debberative process. Where records are wthbeid in their entirety, the facts are inemincabiy X

intertworied with the predecisonal mformaten There sino are no reasonably segregable factual portions because the release of the facts would permit an enderect mquiry mio the predecisonal process of the egency. IEXEMPTION Si

6. The wthheld information is enempted from pubhc disclosure because its declosure would result in a clearty unwarranted invason of personal pnvacy. (EXEMPTION 61

7. The withheld informaron consists of investigatory records compiled for law enforcement purposes and is being wiJteld for the reasantsi indicated. (EXEMPTION 7)

Disclosure would mterfere with an enforcement proceeding because it could reveal the scope. dire eton, and focus of enforcement efforts. and thus could possibly allow them to taas action to shield potential wrongdoing or a velaten of NPC requirements from investigators. (EXEMPTION 7t AH Disclosure would constitute an unwarranted invasion of personal pnvacy qEXEMPTION 7(Cu The mformation consets of names of mdtviduals and other mformation the disclosure of which would reveal identities of confidential sources. IEXEMPTION 7800 PART 11 C-DENYING OFFICIALS Pursuant to 10 CF H 9 9 and 'or 9.15 of the U.S. Nuclear Regulatory Commasen regulatons, et has been determined that the informaton withheld a esempt from producten or disclosure, and that its production or disclosure e contrary to the pubhc interest. The persons responsible for the denial are those offic6als identified below as denying officials and the Director, Dmsson of Rules and Records. Office of Adminstraton, for any denials that may be appealed to the Executive Director for Operatens iEcot DENYING OFFICIAL TITLE / OFFICE RECORDS DENTED APPELLATE OFFICIAL P/gfc7% M/TC6 of SECRETARY EDO WY8.NWO 5WESTYM7%d5

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PART la D-APPEAL RIGHTS The denial by each denying official identified in Part II.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive 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 thrt it is an " Appeal from an initial FOIA Decision."

esRc po1M a*4 IPart 21 U.S. NUCLEAR REGULATORY COMM'SSION i* asi FOlA RESPONSE CONTINUATION

r F01A-85-700 APPENDIX N RECORDS MAINTAINED AMONG PDR FILES 1.

5/18/84 Report of Investigation H-83-002 - Sanitized version in PDR under Accession No. 8406210412 2.

Various Exhibits 5, 9, 13, 15, 18, 52 - 75, 81, 82, 87, 89, 90, 91 & 107 to 01 Report H-83-002 in PDR under F01A-85-837 (King)

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F01A-85-700 APPENDIX 0 RECORDS ENCLOSED 1.

8/7/85 Memo to W. Dircks from B. Hayes RE: SECY-85-177, Proposed Enforcement Action--GPU Nuclear Corporation (TMI 1 & 2) (1 page) 2.

Excerpts from Exhibit 1 to 01 Report H-83-002 (Remaining portions are outside the scope of your request.)

3.

Excerpts from Exhibit 2 to 01 Report H-83-002 (Remaining portions are outside the scope of your request.)

4.

Excerpts from Exhibit 83 to 01 Report H-83-002 (Remaining portions are outside the scope of your request.)

5.

Excerpts from Exhibit 84 to 01 Report H-83-002 (Remaining portions are outside the scope of your request.)

6.

Excerpts from Exhibit 101 to 01 Report H-83-002 (Remaining portions are outside the scope of yourrequest.)

7.

Exhibit 97 to 01 Report H-83-002 8.

Exhibit 98 to 01 Report H-83-002 9.

Various Case Chronology 10.

Data Entry Form

11. Various Investigation Status Record 12.

Allegation Data Form 13.

Handwritten Statement of Parks 14.

1/4/84 Requisition 15.

1/4/84 Purchase Order #13478-F-6440 16.

1/9/84 Delivery Invoice #2430 (unsigned) 17.

1/9/84 Delivery Invoice #2430 (signed)

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F01A-85-700 APPENDIX 0 18.

1/6/84 Delivery Invoice #2414 19.

1/17/84 Receipt #7002

20. 7/27/84 Letter from DeYoung to Richardson 21.

2/12/85 News articles re: TMI

22. 8/12/85 Letter from Taylor to Clark

23. 6/12/84 Investigative Interview of Parks 24.

10/1/85 Administrative Closing of Inquiry mowsg

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F01A-85-700 APPENDIX P RECORDS TOTALLY WITHHELD 1.

6/3/85 01 File Review (1 page) (W/H Ex. 5) 2.

Various Investigator, Notes (9 pages) (W/H Ex. 5)

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HOBERG, FINOEft, DROWN, COX & MOLLIGAN A PROFESSIONAL CORPORATION CENTRAL TOWER 703 MARKET STREET e NGEM AR E. MOB ERG (1903 1971)

SAN FRANCISCO 94103 JOHNH FI N G E R LAW OFFICES PHILLIP E. BROWN (415) 543 9464 PETER N. MOLLIG AN gAst mar ENTEm*Rist 1000s STEPHEN T.COM Chegg Aponess INGMAR^

RICHARD C. RAINES October 8, 1985 J^M Es o E^ ^"

OAvlD w. MOYE R ROS ROY M ACMEY MICHAEL R. REYNOLOS CARSARA A. ZURAS PREEDOM OF i FDRMAT4DN ACT REQ

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Director Office of Administration h M "[j 7dd Freedom of Information Act United States Nuclear Regulatory Commission h /d =/,(d Washington, DC 20555

Dear Sir or Madam:

We are the attorneys for Richard D. Parks.

Pursuant to the Freedom of Information Act, I am requesting copies of any and all documents concerning the investigation performed by the NRC Office of Investigation (OI) into charges of discrimination and/or harassment made by Richard D. Parks.

I am also requesting copies of any and all documents concerning the " notice of violation and proposed imposition of civil penalty" which was issued by the NRC on August 12, 1985.

The docket number for the investigation and imposition of civil penalty was 50-320.

The respondents in that investigation were GPU Nuclear Corporation and Bechtel North American Power Corporation, license No. DPR-73.

I would appreciate being notified as to how I might assist you in your effort to provide copies of the requested documents.

I would also appreciate being notified in advance as to the estimated cost involved in making copies of the requested documents.

Thank you for your attention and anticipated cooperation.

Sincerely, k j l;&W f !j,ff, BARBARA A. ZURAS f

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