ML20214K473

Staff Requirements Memo Re 840323 Closed Discussion in Washington,Dc on Pending Facility Investigation Re Falsification of Leak Rate Data,Beta & RHR Repts,Mystery Man,Parks/Gischel & Keaten

ML20214K473
Person / Time
Site:	Three Mile Island
Issue date:	04/02/1984
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Dircks W, Hayes B NRC OFFICE OF INVESTIGATIONS (OI), NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20214K462	List: IA-86-369, Responds to Appeal of FOIA Request.Requested Document Encl ML20214K460 ML20214K473
References
FOIA-86-369, FOIA-86-A-113, FOIA-86-A-113A, REF-10CFR9.7 NUDOCS 8608210115
Download: ML20214K473 (2)

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ctcQ'e UNITED STATES

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[ yf 'g NUCLE AR REGULATORY COMMISSION W ASHINGT ON, D.C. 20555 p

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CFFICE OF THE SECRETARY MEMORANDUM FOR: Ben B. Hayes, Director Office of Investigations William J. Dircks, Executiye Director for Operations 'f ( ,

FROM:

Samuel J. Chilk, Secretl b

SUBJECT:

STAFF REQUIREMENTS - DIGCESSION OF PENDING INVESTIGATION - \TMf, 2: 00 P.M. ,

FRIDAY, MARCH 23, 1984, COMMISSIONERS' CONFERENCE ROOM, D.C. OFFICE (CLOSED--EX. 5 AND 7)

The Commission was briefed by OI on investigations related -

to Three Mile Island and provided the following guidance.

I. Hartman Allecations (Falsification of Leak Rate Data)

-- OI will not duplicate matters resolved in the

. criminal trial.

-- OI is to present all Hartman material to NRR. NRR is'.to screen the material and refer back to OI any matters that warrant further investigation.

-- OI is to identify in its report to the Commission any individuals that might be culpable or may have had knowledge of the falsification of THI-2 leak rate data.

-- OI is to determine if TMI management created a climate that encouraged leak rate falsification to occur, including interviewing Mr. Ross if necessary.

- II. Leak Rate Unit-1 OI is to complete its basic report on leak rate falsification at Unit 1 by the first week of April; complete the report of 11 additional interviews by April 16, 1984 and submit one report to the Commission. -[

i III. BETA and RHR Reports OI is to finalize this investigation and forward its final "

reDort to the Commission by April 16. .

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2 IV. Mvstery Man OI is to concentrate its investigation on why-Messrs. Zewe and Frederick changed their testimony (including why GPU altered its position on the sequence of events during the TMI-2 accident) and why Mr. Faust was not presented'as a witness during the GPU v. B&W trial.

V. Parks /Gischel OI is to complete its final report on this investigation by April 16. The Commissi,on requested OI forward to the Commission its response,to EDO criticisms of the earlier.0I-draft Report.

(Subsequently, on March 27, 1984 OI provided copies of the document to the Commission.)

VI. Keaten OI informed the Commission th&t it could not meet the anticipated April due date for c)mpletion of this investigation and that it would submit its final report in May. OI will submit a report regarding training in April and is to. determine whether~other portions of the investigation (e.g., the Clark matter) can also be presented in a partial report.

The Commission requested reports on the investigation, TMI leak rate, BETA /RHR, Parks /Gischel and a partial report on the Keaten investigation by Mid-April and the remainder of the reports by mid-May. The Commission stated'its general plan to release the reports to the public in two increments; one during'the latter part of April and one during the latter part of May after the Commission has had the opportunity to review the reports for a period of one week to 10 days. ,

cc: Chairman Palladino commissioner Gilinsky L commissioner Roberts Commissioner Asselstine Commissioner Bernthal Commission Staff offices 1

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UNITED STATES NUCLEAR REGULATORY COMMISSION

'VASHINGTON, D. C. 20555 S g -

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Harry H. Voigt, Esquire JUL 3 N LeBoeuf, Lamb, Leiby & MacRae IN RESPONSE REFEP.

1333 New Hampshire Avenue, NW Washington, DC 20036 TO FOIA-86-369 AND F01A-86-A-93

Dear Mr. Voigt:

This is in response to your letter dated May 23, 1986, in wnich you requested, pursuant relating to to the the TMI-l Freedom of Information Act (F0IA), three specified records plant. '

The three requested records are listed on the enclosed appendix. The records identified at numbers one and two are being placed in their entirety in the NRC's Public Document Room in file folder F01A-86-369 under your name.

The record identified at number three is being withheld pursuant to Exemptions (5) and and (7)(i) (7)(A) of the FOIA of the Comission's (5 U.S.C.

regulations. 552(b)(5) and 7(A)) and 10 This record is a two-page memorandum CFR to the Director, Office of Investigations, and the former Executive Director for Operations from the Secretary of the Comission . reflecting predecisional matters discussed at a closed Comission meeting on a pending investigation regarding the THI-1 plant. Release of this type of infomation would inhibit the frank and candid exchange of information in future Commission deliberations and inter-fere with an enforcement proceeding. The7efore, release of this information would not be in the public interest.

segregable factual portions and is being withheld in its entirety.This record d Pursuant to 10 CFR 9.15 of the Comission's regulations, it has been determined that the information withheld is exempt from productiot, or disclosure and that its production or disclosure is contrary to the public interest. The person responsible for this denial is Mr.~ John C. Hoyle, Assistant Secretary.

This denial may be appealed to the Secretary of the Conission within 30 days from ,the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary Washington, DC of the Comission, U.S. Nuclear Regulatory Commission.

20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."

Mr. Voigt 3

,p This completes action on this F01^ request, in light of this response, no-further action will be taken on your letter of June 13, 1986, appealing our-lack of response to this F0IA request.

Sincerely,

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

Enclosure:

As stated i

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.<< Re: F01A-86-369 gp ,

4 APPENDIX I. 05/03/84 #

Memorandum for Ben Hayes from Harold R.' Denton re: NRR q Review of 01 Investigation Materials Concerning.Hartman

,- Allegations of' Falsification of Leak Rate Data at TMI Unit 2 (2 pages) enclosing a memorandum for Harold Denton from W.T. Russell re: NRR Review of 01 Investigation Materials Concerning Hartman Allegations of Falsification of Leak

. Rate Data.at TMI Unit 2 (8 pages) with enclosure re: TMI Unit 2 Licensed Operations (3 pages)

2. 01/24/85 Memorandum for Harold R. Denton from William T. Russell re: Follow-up Action on Additional TMI-2 Operators (2 pages) with enclosures: Summary of Leak Rate Tests Performed by Currently Licensed Operators (Jan. 1, 1979 to March 28,1979) (1:page) and Summary of. Leak Rate Tests Perforned by Individuals Who Are No Longer NRC Licensees January 1,~1979 to March 28, 1979 (1 page)

,.. 3. 04/02/84- Memorandum for Ben B.. Hayes and W.LJ. Dircks from Samuel J. Chilk re: Staff Requirements - Discussion of f Pending Investigations - THI (2 pages)

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LEBOEU F, L AM B, LEl BY Ek. MAC RAE A PARTNCRSHIP INCLUDING PROFESSIONAL COR*T.rNA81CNS 1333 New HAMPsHIRc AVENUE, N.W.

WASHINGTON, DC 20O36 (202) 457-7500 TELEX: 440274 F AC S I M IL E: 202-457-7511 CALT L ARE CITY, UT SOUTN PORT, CT RALEIGH, NC ALB ANY, NY EAN FR ANCISCO. CA N E WAR M, NJ L ECOEUF, L AM B, t.EIO Y & Macr AE (UM)

EDISON, NJ LON DON, ENG LAN D May 23, 1986 FRZLM Of INEWIMAya ACT BY liAND DELIVERY Fo.rTSTJW367 g/

Director, Office of Administration U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Re: Freedom of Information Act Request

Dear Sir:

Pursuant to the Freedom of Information Act, 5 U.S.C.

S 552 (1982) and 10 C.F.R. S 9.8 (1986), I hereby request copies of:

1) Memorandum from Secretary Chilk to B.B. flayes (Office of Investigations) and W. J. Dircks (Executive Director of Operations) dated April 2, 1984, re: Staff Requirements - Discussion of Pending Investigation-TMI;

2) Memorandum f rom Harold R. Denton (Office of Nuclear Reactor Regulation) to B.B. Hayes (Office of Investigations) dated May 3, 1984, re: NRR Review of OI Investigation Materials Concerning IIartman Allegations of Falsification of Leak Rate Data at TMI, Unit 2; and

3) t4emorandum from William T. Russell (Division of Iluman Factors Safety, NRR) to Ilarold R. Denton (NitR) dated January 24, 1985, re: Follow-up Action on Additional TMI-2 Operator-s.

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Director, Office of Administration U.S. Nuclear Regulatory Commission Freedom of Information Act Request May 23, 1986 Page I agree to pay up to $50 for these documents. If the charges exceed that amount, please contact Marlene L. Stein at 457-7500 to receive authorization for additional amounts.

Sincerely, s 7t'*^7 W Ua an L.--.-- . . . . _ , . - , . . , , , _ . _ _ _ _ , . _

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