ML20213G303

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Partial Response to FOIA Request for Records Re Investigation of All Eeo Complaints Filed by Employee of Ofc of Inspector & Auditor Against Fellow Employees.App G Documents Completely Withheld (Ref Govt in Sunshine Act)
ML20213G303
Person / Time
Issue date: 11/14/1986
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Airozo D
MCGRAW-HILL PUBLICATIONS CO.
References
FOIA-86-649 NUDOCS 8611180025
Download: ML20213G303 (14)


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  • k p, UNITED STATES NUCLEAR REGULATORY COMMISSION 5 :j WASHINGTON, D. C. 20555

\'"**/ NOV 141986 Mr. Dave Airozo Assistant Editor McGraw-Hill Nuclear Publications 120 Vermont Avenue, NW Suite 1200 IN RESPONSE REFER Washington, DC 20005 TO F0IA-86-649

Dear Mr. Airozo:

p This is in partial repsonse to your letter dated August 29, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA),

records related to several matters among which were records related to the investigation of all EE0 complaints filed by an employee of the Office of Inspector and Auditor against several employees of the Office of Inspector and Auditor.

Documents relating to the closed Comission meetings identified on enclosed Appendix G are being withheld in their entirety pursuant to exemptions and for the reasons indicated for each document on the Appendix. This information is being withheld pursuant to Exemptions (2),(5),(6),(7), and (10) of the Government in the Sunshine Act (5 U.S.C. & 552b(c)(2)(5)(6)(7) and (10).

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 John C.

Hoyle, Assistant Secretary of the Commission.

This denial may be appealed to the Secretary of the Commission within 30 l

days from the receipt of this letter. Any such appeal must be in l

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."

Sincer ly,

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

Enclosure:

As Stated l 8611180025 861114 PDR FOIA AIROZO86-649 PDR

l Appendix G F0fA-86-649 Transcripts and Tapes of closed Commission Meetings Withheld Total Page location Doc f Description of Document Date Pages of Deletion (s) Exemption!

1 Transcript of Commission 09/17/85 44 Entirety 2, 6 )

meeting - first l Commission briefing on  !

Shea EE0 complaint. -

Includes Commission ,

deliberation on handling l of complaint.

2 Audio tape of meeting 09/17/85 1 tape Entirety 2, 6 transcribed in document i 1.

. 3 Transcript of Commission 10/22/85 30 Entirety 2, 6 meeting - special management meeting with Senior EE0 Officer i

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Doc. # Total Page Location Description of Document Date Pages of Deletion (s) Exemptia 4 Audio tape of meeting 10/22/85 1 tape Ent# rety 2, 6 transcribed in document i 3.

5 Transcript of Commission 11/01/85 meeting with Senior EE0 68 Entirety 2.5,6..

Officer, advising Commission of allegation of Privacy Act violation.

Total. Page Location Doc. # Description of Document Date Pages ofDeletion(s) Exemptioi 6 Audio tape of meeting 11/01/85 1 tape Entirety 2.5,6,7 described in document i5 7 Transcript of Commission 11/07/85 1 tape Entirety 2.5,6,;

meeting discussing OGC investigation team contact with the Department of Justice on Privacy Act allegations and procedures followed by the investigation team in carrying out agency Privacy inquiry.

8 Audio tape of meeting 11/07/85 1 tape Entirety  ?,5,6,F transcribed in document # 7.

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Total Page Location Doc. # Description of Document Date Pages ofDeletion(s) Exemptio 9 Transcript of Commission 11/18/85 78 Entirety 2,5,6 0 meeting with Senior EE0 Officer concerning preliminary infonnation from EE0 investigation and procedures for formal Commission briefing on results and resolution of complaint.

Second portion of meeting is with OGC Privacy Act investigation team concerning progress of Privacy Act inquiry.

10 Audio tape of meeting 11/18/85 2 tapes Entirety 2.5,6,2 transcribed in document

  1. 9.

Total Page location Doc. f Description of Document Date Pages ofDeletion(s) Exenetic 11 Transcript of Commission 12/02/85 11 Entirety 2, 6 meeting with OGC Privacy Act inquiry team concerning procedural question on method of proceeding with investigation.

12 Audio tape of meeting 12/02/85 1 tape Entirety 2, 6 transcribed in document i 11.

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- Total Page Location Doc. # Description of Document Date Pages of Deletion (s) Exemptig Transcript of Consission 12/12/85 57 Entirety 5,6,7,11 13 meeting presenting results of EE0 investigation by Senior EE0 Officer to Cosmission for further disposition.

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Total Page Location Doc. # Description of Document Date Pages ofDeletion(s) Exemptior 14 Audio tape of meeting 12/12/85 1 tape Entirety 5,6,7 transcribed in document

  1. 13, including untranscribed 10-minute status report by OGC on Privacy Act investigation.

15 Transcript of Commission 12/17/85 115 Entirety 5,6,7,1C meeting discussing presentation of 12/12/85 (documents #13 and 14) and discussing whether action against NRC managers is appropriate.

16 Audio tape of meeting 12/17/85 2 tapes Entirety 5,6,7,1C transcribed in document i 15.

17 Transcript of Commission 12/18/85 32 Entirety 5,6,'7 .10 meeting continuing deliberations of 12/17/85 Total Page Location Doc. # Description of Document Date Pages of Deletion (s) Exemption 18 Audio tape of meeting 12/18/85 1 tape Entirety 5,6,7,10 transcribed in document i 17.

19 Transcript of Connission 01/06/86 40 Entirety 5,6,7,1C meeting discussing ongoing settlement discussions between Senior EE0 Officer and Lisa Shea.

Total Page Location 4

Doc. # Description of Document Date Pages of Deletion (s) Exemptio 20 Audio tape of meeting 01/06/86 2 tapes Entirety 5,6,7,B transcribed in document

  1. 19, including untranscribed Comission briefing on status of Privacy Act investigation.

l 21 Transcript of Commission 01/14/86 1 tape Entirety 5,6,7,1@

meeting continuing deliberations begun 12/17/85.

1/14/86 1 tape Entirety 5,6,7,1 r cr$Nd a c nt

  1. 21.

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Doc. # Description of Document Total Page location Date Pages of Deletion (s) Exemptis 23 Transcript of Comission 01/22/86 meeting discussing bases 110 Entirety 2.5,6,7, for and proposed statement of charges against NRC manager implicated in EE0 investigation; Commission begins deliberation on results of OGC Privacy Act investigation.

24 Audio tape of meeting 01/22/86 2 tapes Entirety 2.5,6,7,10 transcribed in document

  1. 23.

Total Page Location Doc. # Description of Document Date Pages of Deletion (s) Exemption 25 Transcript of Commission 01/24/86 42 Entirety 5,6,7,1C meeting discussing possible disciplinary action against NRC manager implicated in EE0 and Privacy Act allegations.

26 Portions of audio tapes 01/24/86 2 tapes portions of 5.6,7,1(

containing meeting  ? tapes transcribed in document i 25. (Otherportions of tapes are outside the scope of the request.)

27 Transcript of Commission 01/29/86 44 Entirety 5,6,7,1(

meeting on status of the matters discussed in the meeting of 1/24/86 (documentsi25and26).

28 Audio tape of meeting 01/29/86 1 tape Entirety 5,6,7,1(

described in document f 27.

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Total Page location Pages of Deletion (s) Exemption Doc. f Description of Document Date 49 Entirety 5,6,7,10 29 Transcript of Commission 02/11/86 meeting discussing contacts with Department of Justice on EE0 and Privacy Act allegations and discussing Commission ability to act on related personnel actions.

1 tape Entirety 5,6,7,1@

30 Audio tape of meeting 02/11/86 transcribed in document i 29.

44 Entirety 5,6,7,10 31 Transcript of Commission 02/27/86 meeting concerning status review of EE0/ Privacy Act investigations:

presentation by employees of OIA.

por- Entirety 5,6,7,10 32 Audio tapes of meeting 02/27/86 transcribed in document tions i 31 (tapes also contain of 2 discussions which fall tapes outside the scope of the request) .

22 Entirety 2.5,6 33 Transcript of Commission 03/20/86 ,

meeting concerning Coninission deliberations on procedural issues related to EE0/Privac'y Act investigations.

Doc. # Description of Document Total Page Location Date Pages of Deletion (s) Exemptia 34 Transcript of Commission 03/20/86 meeting concerning oral 70 Entirety 2.5,6, response of NRC manager.

35 Audio tape of meetings 03/20/86 2 tapes Entirety 2,5,6,.

transcribed in documents

  1. 33-34 36 Transcript of Commission 03/25/86 neeting containing 75 Entirety 2.5,6,7 Commission deliberations on merits of EE0/ Privacy Act allegations against NRC managers, including deliberations of Department of Justice.

involvement.

p 37 Audio tape of meeting 03/25/86 2 tapes Entirety 2,5,6,7 transcribed in document

  1. 36.

38 Transcript of Commission 03/27/86 meeting continuing 41 Entirety 2.5,6,7 deliberations begun 3/25/86(documenti35).

39 Portion of audio tape of 03/27/86 par- Entirety 2.5,6,7 meeting transcribed in tion of document # 36 I tape 40 Audio tape of Commission 04/01/86 1 tape Entirety 2.5,6,7 meeting continuing deliberations of 3/25/86 and 3/27/86 (documents

  1. 36-39).

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August 29 1986 Washington. D.C.

mr. Donnte Gr1ms1ey D? r ec toe. Division of Rules & Records FREEDOM OF INFORMATION O.S. Nuclear Regulatory Commission ACI REQUEST v, e r.1 r.e t e o . D.C. 20555 Fora -st.- 6 yy

Dear Mr. Grimsley:

b Id h-S-gh Pursuant to the Freedom of Information Act. 5 USC 552 et seo., as amended, I hereby reouest the following material.

1) All memos. teleohone loos. or other certinent corresoondence--including internal corresoondence--between Executive Director for Goerations Victor Stello anc Deouty Director for Ooerations William Mcdonald since July, 1986 concerning the scooe and soecific duties of the newly created office of i r.4 or mat i on resource management.
2) All memos. teleohone loor. or other certinent correspondence--including internal corresoc'.dence--oetween Commissioner Frederick Bernthal and Sharon Conne11v. Di r e c t or- of tne Office of Insoector & Aditor, concerning an OIA investloarion reoort on alleged abuses of the FTS system--includino any c 2 + c e.'s s i o n s or corresooncer ce concernino the progress of the investigation.
3) A reoort. commonly referred to as the Gleason Reoort, orecared by Judoe Gleason. concer nino the cerformance of NRC's Incident Investigation Teams in generai. ano Ine oerformance of the IIT at Davis-Besse, in oarticular.
4) Anv memos. telephone 1cos. or other oertinent corresoondence--inc1uding internal corresooncence--between members of the Advisory Cammittee on Reactor Saeeouar os ano the NRC General Counsel's Office or related offices, concerning ACRS orooosal to hire a lawyer for the ACRS.
5) Anv memos or other certinent corresoondence--including internal corresoondence--concerning the oossible susoension or other disciolinary cction against George Messenger. a former OIA deouty, in resoonse to Mossenger's alleged sexual harassment of NRC emoloye Lisa Shea, or in response to NRC's settlement of an EEO comolaint filed by Shea in the December 1985/ January 1986 timeframe.
6) Memo from former NRC Chairman Nunzio Palladino to OIA director Sharon Connelly in mid-1985 concerning Connelly's action in resoonse to reports by tn1rd parties within GIA that Messenger had allegedly sexually harassed Lisa Shea. an OIA emoloyer and Connelly's resoonse--written or otherwise--to that Corresooncence.
7) k.eekly summaries--in the December 1985/ January 1986 timeframe--from EEO odd icer Rosenthal to the Commission concerning the orogress of the Lisa snea/Ge0 roe Messenaer/Sharon Connelly EEO complaint matter.

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8) Any corresoondence between NRC Commissioner Frederick Bernthal and U.S.

Denartment of Justice concernino March 22 letter from Lawrence Liooe, DOJ cnted of liigation. In reference to Lisa Shea/ George Messenaer/Sharon Connellv EE0 comolatrit matter.

c) T r a ris c r i p t s of any NRC commisslore meetings concerning the January 28, 1986 oecision to olace Sharon Connelly on administrative leave and the March 26-27 1986 cec?ston to reinstated Connelly.

10) Any information available concerning oromotions, demontions, transfers, (Ir2nos, resionations or other ,t o b changes for OIA staff from January 28 to ene oresent. including names. oositions and dates for all changes.
13) Ar v memos. teleonone logs or notes. or other corresoondence between Commissioner .Ja m e s Asselsttne and the Federal Pureau of Investigations c o n c e e rii n o an Auoust 15. 1986 meeting between Asselstine and Steohen Comlev of Rowlev. Massacnosetts. and any other information concernino Comley's act;vities reoarci<io the Public Service Co. of New Hamoshire's See? rook-1.

le you nave any ovestions or recutre ado 1tional information, olease feel free to c o r:t a c t me. Please forward any information to the address below. Thank you dor addressing tnis matter.

Sincerelv,

[ M' Dave Aire. _o Assistant Editor McGraw-Hill Nuclear Publications 1120 Vermont Ave.

Suite 1200 Washinoton, D.C. 20005 (202) 463-1659 i

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