ML20215C566
| ML20215C566 | |
| Person / Time | |
|---|---|
| Site: | Hatch, Vogtle, 05000000, Yellow Creek |
| Issue date: | 10/06/1986 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Fowler L FOWLER, L. |
| Shared Package | |
| ML20215C570 | List: |
| References | |
| FOIA-86-42 NUDOCS 8610100345 | |
| Download: ML20215C566 (8) | |
Text
_ _ _ _ _.
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UNITED STATES 3
n NUCLEAR REGULATORY COMMISSION D
E WASHlNGTON, D. C. 20555
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..r Docket No. 50-424/425 Laurie Fowler, Esquire Suite 220 - Grant Building 44 Broad Street, NW IN RESPONSE REFER Atlanta, GA 30303 TO F01A-86-42
Dear Ms. Fowler:
This is in further response to your letter dated January 15, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), all records related to NRC's investigation initiated in May 1983 regarding allegations that Pullman Power Products employees intimidated and harassed quality control inspectors at nuclear facilities, including the Vogtle plant.
The record listed on the enclosed Appendix E is already available in the NRC PublicDocumentRoom(PDR)locatedat1717HStreet,HW, Washington,DC 20555; and the records listed on the enclosed Appendix F are being placed in the NRC PDR in folder F01A-86-42 under your name. The records listed on both appendices are also available in the Vogtle Local Public Document Room (LPDR) located at the Burke County Library, 412 4th Street, Waynesboro, Georgia 30830.
Documents 2, 19, 20, 21, 22, and 23 of enclosed Appendix G contain information that would disclose the identity of a confidential source. This information is being withheld from public disclosure in its entirety pursuant to Exemption (7)(D) of the F0IA (5 U.S.C. 552(b)(7)(D)) and 10 CFR 9.5(a)(7)(iv) of the Commissions regulations.
The remaining records listed on Appendix G and all of the records listed on the enclosed Appendix H contain information which constitutes advice, opinions, and recommendations of the staff regarding an inspection, enforcement conference, and preparation of a notice of violation. These records are clearly predecisional, because they were prepared prior to and in the course of reaching a final agency decision.
In addition, the first four records listed on Appendix H consist of an underlying draft record and a one or two-page cover for the draft, which are routing, distribution, or typing cover sheets. The forms could be separated from the underlying drafts, but they will not materially respond to your request.
Accordingly, we have identified these forms on the appendix but will continue to treat the draft and forms as one record. They are being withheld from public I
disclosure in their entirety pursuant to Exemption (5) of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Commission's regulations.
Pursuant to 10 CFR 9.9 of the NRC'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 persons responsible for this denial are the undersigned and Mr. J. Nelson Grace, Regional Administrator, Region II (for the records on Appendix G) and Mr. James M. Taylor, Director, Office of Inspection and Enforcement (for the recordsonAppendixH).
g ol g 5 861006 FOWLER 86-42 PDR
Ms. Fowler This denial may be appealed to the NRC's Executive Director for Operations within 30 days from the receipt of this letter. As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Operations, 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."
The NRC has not completed its search for and review of additional records subject to your request. We will respond as soon as the search and review are completed.
Sincerely,
&;xb MsY Donnie H. Grimsley, Director Division of Rules and Records Office of Administration
Enclosures:
As stated e
..--.,c-.,
RE: FOIA-86-42 APPENDIX E (RECORD ALREADY IN PDR) 1.
12/22/83 Letter from Collins to Gary, Docket Nos. 50-445 and 446 (Accession No. 8312300191)
S l
f
RE: F01A-86-42 APPENDIX F (RECORDS RELEASED IN THEIR ENTIRETY) l 1.
4/7/83 Case Chronology l
2.
4/7/83 Allegation Data Form 3.
5/19/83 Memo from O'Reilly to Williamson, subject: Request for Investigative Assistance:
Vogtle Nuclear Power Plant (Case No. 83A022) - 1 page 4.
7/29/83 Memo from Todd to Williamson, subject: Vogtle:
Request for Investigative Assistance - 1 page 5.
9/28/83 Letter from O'Reilly to Kelly, subject: Summary of Meeting -
Docket Nos. 50-424 and 50-425, Vogtle 1 and 2 - 4 pages 6.
12/7/83 Memo from Uryc to Herdt, subject: Vogtle: Alleged Intimidation /
Harassment of QC. Welding Inspectors and Possible Falsification of QC Inspection Records by Pullman Pcwer Products - 1 page 7.
1/11/84 Memo from Herdt to Uryc, subject:
Technical Review of
. Investigation Report - 2 pages 8.
2/28/84 Memorandum to Case File - 1 page 9.
3/22/84 Memorandum to Case File - 1 page
- 10. 4/2/84
<2-Way Memo from Uryc to Herdt - 1 page
- 11. 4/13/84 Memorandum to Case File - 1 page
- 12. 5/16/84 Memorandum to Case File - 1 page
- 13. 5/16/84 Memorandum to Case File - 1 page
- 14. 5/21/84 Case Chronology - 1 page
- 15. 5/21/84 Memo from Uryc to Puckett, subject: Pullman Power Products Investigation by Office of Investigations Field Office, Region II - 1 page
- 16. 7/17/84 Letter from Dance to Kelly, subject: Report Nos. 50-424/84-16 and 50-425/84 3 pages
- 17. 7/23/84 Letter from Foster to Dance, reference: 50-424/84-05, 50-425/
84 7 pages 18 2/6/85 Mero from Uryc to Vorse, subject: Transmittal of Document -
1 page
RE: FOIA-86-42
't F2 19, 8/8/85 Notice of Significant Meeting - 1 page 23 8/9/85 Notice of Significant Meeting - 1 page
- 21. 8/16/85 Memorandum to Case File - 1 page 22 9/9/85 Notice of Significant Meeting - 1 page 23 9/9/85 Meno from Uryc to Scott, subject: Document to be Placed in Public Document Room - 1 page 24 9/12/85 Letter from Grace to Kelly, subject: Placement of Document in Public Document Room - 9 pages 25 9/25/85 Handwritten List of Enforcement Conference Attendees - 1 page
- 26. 9/25/85 Handwritten List of Enforcement Conference Attendees - 1 page
- 27. Undated Handwritten Notes
.1 page
- 28. Undated Region II Routing Sheet - 1 page
- 29. Undated Region II Routing Sheet - 1 page
- 30. Undated Charge-out Record - 1 page 31. 10/18/85 Distribution sheet for EA File 85-117 from Jane Axelrad -
1 page
RE: F0IA-86-42 APPENDIX G (RECORDS WITHHELD IN THEIR ENTIRETY) 1.
4/7/83 Pullman Power Company - Harassment / Intimidation of QC Inspector (Chronology) - 3 pages 2.
5/17/83 Handwritten Notes re: Telecon from R. Burch - 1 page 3.
12/1/83 Memorandum to Case File - 1 page 4.
12/2/83 Memorandum to Case File - 1 page 5.
12/15/83 Memorandum to Case File - 1 page 6.
2/24/84 Memo to File, subject: Notes of Exit Meeting Minutes -
2 pages 7.
4/4/84 Memo from Panciera to Dance, subject: Review of Mater:a1 Presented to GPC Relating to Alleged Intimidations of QC Welding Inspectors and Possible Falsification of QC Inspection Records by Pullman Power Products - 2 pages 8.
5/14/85
. Memo from Grace to Taylor, subject: Enforcement Action Resulting from OI Investigations - 3 pages 9.
7/31/85 Enforcement Panel Meeting Minutes - 1 page
- 10. 9/12/85 Handwritten Notes re: Vogtle Harassment Case - 1 page
- 11. 9/24/85 Draft Briefing Notes re: GPC Enforcement Conference Regarding Harassment of QC Inspectors at Vogtle - 5 pages
- 12. 9/25/85 Handwritten Notes re: Vogtle Enforcement Panel - 1 page
- 13. 9/25/85 Handwritten Notes re: Vogtle Enforcement Conference - 1 page 14.
10/18/85 Memo from Jenkins to Axelrad, subject: Notice of Violation:
Severity Level III, Georgia Power Company, Vogtle Station -
6 pages 6
15.
11/13/85 Memo from Jenkins to Modenos, subject: Enforcement Packages for Review, Concurrence, or Final Information - 6 pages
- 16. Undated Handwritten Notes - 2 pages
- 17. Undated Draft Notice of Violation and Proposed Imposition of Civil Penalty - 4 pages
- 18. Undated Draft Letter from Grace to Kelly, subject: Notice of Violation (NRC Inspection Report Nos. 50-424/85-49 and 50-425/85-36) - 13 pages
RE: F0IA-86-42
't G2
- 19. Undated Memo to File from Sanders, subject: Intimidation of Inspectors - 2 pages
- 20. Undated Questionnaire Used by Resident Inspector During Interview of QC Inspector - 7 pages
- 21. Undated Questionnaire Used by Resident Inspector During Interview of QC Inspector - 7 pages
- 22. Undated Questionnaire Used by Resident Inspector During Interview of QC Inspector - 7 pages
- 23. Undated Questionnaire.Used by Resident Inspector During Interview of QC Inspector - 7 pages
/
RE: F01A-86-42 (RECORDS WITHHELD IN THEIR ENTIRETY) i APPENDIX H 1.
10/21/83 OELD Control Sheet (incorrectly dated), with attach'ed:
a.
Distributionsheet(recd 10/18/85 by Holler /Liberman) re:
EA File 85-117 and disseminated by J. Axelrad (1 page) b.
IBM 5520 Typist's control sheet (1 page) c.
Draft memo for Jane Axelrad from George Jenkins, re: Notice of Violation: Severity Level III (Vogtle), with 4 enclosures:
A.
Draft original letter to Georgia Power Company (3 pages)
B.
Draft concurrence letter to Georgia Power Company (4 pages)
C.
Draft Notice of Violation (1 page)
D.
Draft Report Nos. 50-424/85-49 and 50-425/85-36 (1 page)
E.
Draft Report ~ Details (2 pages) 2.
10/21/83 OELD Control Sheet (incorrected dated), with annotations and attached:
a.
Same as 1.a. above b.
Same as 1.b. above c.
Same as 1.c. above with annotations A.
Same as 1.c.A. above with annotations (2 pages)
B.
Same as 1.c.C. above with annotations (1 page)
C.
Undated handwritten comments (1 page) 3.
10/30/85 Cover sheet transmitting comments to Susan Chidakel from Gene Holler, with attached comment page (2 pages) 4.
11/4/85 Cover sheet transmitting comments to Susan Chidakel from Genel l
Holler, with attached a.
Draft letter to Georgia Power Company with annotations (2 pages) b.
Draft Notice of Violation with annotations (1 page) 5.
Undated Note to Jane Axelrad (in draft form) from Stephen G. Burns, re: EA-85-117 - Vogtle Intimidation Violation (without stated attachment), plus the draft concurrence sheet and IBM 5520 Typist's Sheet (3 pages) t l
l
Law Offices of ERIAN SPEARS SUITE 220-GRANT BLDG.
44 BROAD STREET.N.W.
ATTOftNEY AT LAW ATLANTA. GEORGIA 30303 BRIAN SPEARS (404)5224694 LAURIE F0WLER January 15, 1986 FREEDOM OF INFORMATION Office of Freedom of ACT REQUEST Information Act Requests Nuclear Regulatory Commission hM.-$.,,g 1717 H Street, N.W.
h[p g Washington, D.C.
20555 Re:
Freedom of Information Act Request NRC Investigation of Intimidation and Harrassment by Pullman Power Products, Inc.
Dear FOIA Officer:
Pursuant to the Freedom of Information Act (FO$A, 5
U.S.C.
552 as amended),
the Georgia office of the American Civil Liberties Union (ACLU) requests:
copies of any and all NRC records and information, including, but not limited to:
- notes, letters, memoranda, drafts, minutes,
- diaries, lo8s, calendars,
- tapes, transcripts, summaries, interview reports, procedures, instructions, engineering
- analyses, drawings,
- files, graphs,
- charts, maps, photographs, agreements, handwritten
- notes, studies, data
- sheets, notebooks,
- books, telephone
- messages, computations, interim and/or final reports, status reports, and any and all other records relevant to and/or generated in connection with the NRC's investigation (initiated on May 19, 1983) regarding allegations, findings and orders that Pullman Power Products employees intimidated and harrassed quality control inspectors at nuclear facilities.
(See attached Atlanta Constitution article for reference.)
This request includes, but is not limited to, investigations of intimidation and harrassment by Pullman employees at Plant Vogtle.
This request also
- includes, but is not limited to, the NRC Conference of September 25, 19S, on the investigations.
(See attached NRC memo for reference.)
Because the ACLU is a non-profit organization established to protect the civil liberties guaranteed by the Constitution of the United
- States, we believe it is appropriate for you to waive copying and search charges, pursuant to 5
U.S.C.
522(a)(4)(a).
" furnishing the information can be considered as In this
- case, primarily benefitting the general public."
For any documents or portions that you deny due to a specific FOIA exemption, p7. ease provide an index itemizing and describing the documents or portions of documents withheld.
The index should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is 1
l p w v^,$ e A / @
e
-s l
relevant to the document or portion of the document withheld.
This index is required under Vaunhn v.
Rosen (I), 484 F.2d 820 (D.C. Cir. 1973),, cert. denied, 415 U.S. 977 (1974).
I.look forward to Searing from you within 10 days as the law stipulates.
Sincerely, Laurie Fowler Cooperating Attorney, Georgia ACLU LF: Jy cc:
NRC, Region II o
o 2
.r,
Group snyi. %,,.....gtle
=
inspe'ctors harassed
~
..and intimidated By Bob Deans that I have,'theb'd better come forward with it,"
added.
5,# oc" Grace became regional admin-The head of the Nuclear Regu-1strator last spring, replacing latory Commission's Atlanta office James P. O'Reilly, who joined said Wednesday that he was em-Georgia Power as its senior vice tarrassed at the length *of time it president in charge of nuclear op-was taking his office to reach an erations.
enforcement decision concerning Grace and members of his the intimidation and harassment of staff met Wednesday with officials zo quality control inspectors at the from the Georgia Power Co. con-I s"'
Yogtle nuclear power planL cerning an NRC Investigation into D
Nelson Grace, administrator of allegations that construction su-b E
the Atlanta Regional Office of the pervisors harassed and intimidated b
iR NRC, said that the problems at lity control inspectors at Vog-y
',g.
Vogtle had been corrected, howev-in an attempt to manipulale er, and vehemently denied charges them.
c.
o c,)
that his staff is allowing onclear the investigation was begun in.
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power plants to be ballt in the 1983 and completed during the Southeast without proper regard,'. summer of 1984, with NRQ inyys.t s
far safety.
2 g-u Meanwhile, {..Washlogios. that employees of Pullman Power j
p
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t,ased public interest organization Products Inc., which is lastalling
.y charged Wednesday that inspectors pipes at Vogtle, were intimidatlag at Vogtle are caaHaMag to be ha-and harassing some of their own w
rassed and latimidated, The group, employees, who were responsible b
the Government Accountability.for quality r.nd safety inspections 2*
Project, has openedet Augus_ta of-f.at the plant.
fice to investigate hilegations that Pu11 man transferred its project subcontractors are punishing wort-manager to a new assignment, and i ers who report constructice or in ' -the NRC lavestigation Indicated spection practices that could be that the action was sufficient to compromising Vogtle's safety.
correct the problem, Grace said.
The nuclear plant is being Bat the NRC has yet to decide 1.cilt near Augusta. It's enrrent whether to take enforcement ac-projected cost is 38.4 billion.
tion against Cecrgia Power as a Since last November, the Gov-result of the situation, ernment Accountability Project "The problem's been fixed,"
~
has interviewed more tha'n 80 Grace said. "For some reason, en-workers at Plant Vogtle who have forcement action was delayed un-charged that quality control in-til this spring. We could have fol-spectors who cite safety concerns lowed up sooner," he said. "The at the plant often end up being timeliness of our enforcement ac-fired, demoted or transferred. se-tion is embarrassing."
cording to Billie Garde, citizen's Georgia Power officials have clinic director for the Project.
denied that harassment ever took lastead of responding to the place at Vogtle, a contention com-complaints, the NRC has ignorea pany officials repeated Wednesday them, she said. Ms. Garde charged before the NRC.
that the NRC's Atlanta office has his. Garde said the Govern-responded to worker complaints ment Accountability Project, about nuclear power plant con-which is 10 years old, has re-struction practlees by contacting viewed the way in which each of the utilities building the plants, in-the NRC's five regional o'fices re-stead of lattistlag NRC investiga-sponds to workers' concerns about tions that inight result la itive ovelear power plant constructice.
measures being taken the The response from Region D's of-fice, the Atlanta office that # mis-
~
utilities.
"We[do not all the niility."
isters NRC functions in the South-said Grace. "I have sever done east, has been " absolutely that.,and if they can flad evidence terrible," she said.
-